Despite what you may see on the news, sinkholes are not always the large, gaping holes that form where the land gives way and sinks into the earth swallowing homes, business, roadways or land. When groundwater erodes the limestone beneath the ground, it is referred to as a sinkhole. Sinkhole damage usually occurs gradually, causing damage to increase to a house or other structure over time. Due to the number of sinkhole claims in certain parts of Florida, the law has changed over the years with the most recent changes occurring in 2007. Now, the large gaping holes are referred to as collapse for the purposes of insurance and the gradual erosion of limestone that causes cracking in buildings are referred to as sinkholes.

Depending on where you live in Florida, such as Pasco and Hernando counties, you may not have coverage for sinkhole damages unless there is a collapse of your property. In those areas, you must opt to purchase sinkhole coverage in addition to the collapse coverage provided in your policy. In other areas, you can choose to “opt out” of the sinkhole coverage and retain only that providing coverage for a collapse. This is a risky proposition and, if you have a mortgage, you should talk with the lender to ensure you are able to “opt out” of the sinkhole coverage.

How can you identify potential sinkhole damage? Usually the damages appear as foundation and wall cracking, cracking around door and window frames, pool and pipe leaks, the separation of ceilings from walls, or of the foundation from the house itself. It can also appear as depressions in a yard, driveway cracking or depression, floors becoming lower in some areas, tree roots become exposed, and windows and doors not closing properly, to mention a few.

The confirmation of the existence of a sinkhole is determined through testing by a geologist. If you think you may have a sinkhole causing damage to your property, you should notify your insurer. Usually, after an inspection of your property, if the insurer believes there might be a potential for sinkhole damage, the insurer will retain a geologist. If the geologist confirms a sinkhole exists, an engineer is then retained to determine the extent of the damage and set forth a plan to remediate, or repair, the damage. These damages include not only repairing the damages to your home or building, but also the stabilization of the ground beneath the foundation. Repairs must be done to the satisfaction of an engineer who will certify the ground as stabilized.

What if the remediation plan is insufficient or the geologist hired by the insurer makes a finding that there are no sinkholes on the property? What if the insurer claims that the damages are not sinkhole related?

The attorneys at Pilka & Associates have extensive experience in litigation and resolution of sinkhole claims and have developed professional relationships with numerous exceptional geologists and engineers who will digest and check the insurer’s expert’s reports to ensure the information gathered by the testing supports their conclusions. These experts also do testing of the damaged area itself to determine if a sinkhole exists and if so, the proper manner and extent of repair to ensure the safety and quality of the home or building.

If a sinkhole is found, the insurer has specific duties under Florida law. If they breach these duties, the attorneys at Pilka & Associates will sue the insurer on your behalf, to have the court enforce the promise the insurer made to you when it sold you the policy.

Make an appointment today by telephone.

Brandon, Florida (813) 653-3800
Lakeland, Florida (863) 687-0780