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Wilma's victims cope with claims adjusters

bgarcia@MiamiHerald.com

Now Davis believes that the settlement offer for $11,000, after her deductible, isn't enough to pay for the temporary repairs she has done and the permanent ones still needed.

Insurance regulators encourage consumers who have problems settling claims to file a complaint. If negotiations reach an impasse, they can seek mediation. It's a free service provided by the Department of Financial Services, with an outside mediator provided by the Collins Center for Public Policy.

A settlement through mediation is nonbinding. If policyholders disagree with it, they can still go to court. But Robert Rosenberg in Wilton Manors doesn't see that as a viable option.

A Citizens adjuster told Rosenberg it would cost $2,200 to repair damage to his roof and 100 feet of damaged fencing that surrounds his home - but that's less than half of his $5,700 deductible. Rosenberg is frustrated because the fence alone cost more than $3,000 to install.

``They're absolutely low-balling policyholders on repairs,'' Rosenberg said. ``But I'm not going to sue. The amount is too small, and [the company] knows it.''

CONSUMER TIPS ON THE CLAIMS PROCESS

Homeowners who believe that their insurance settlement offers are too low have options:

* Most insurers, including Citizens Property Insurance, will reopen a claim if a homeowner objects to the settlement amount, requests mediation or files a lawsuit.

* To file a complaint with the Department of Financial Services' Division of Consumer Affairs, call 800-22-STORM. Some insurers said they weren't aware that the consumer had a problem with the claims process until a complaint was made.

* To request mediation to resolve a dispute on a windstorm claim, also call 800-22-STORM. The mediated settlement is nonbinding, meaning that consumers still have the right to sue in court if necessary.

* About going to court: Disputes over windstorm claims start in county circuit court because insurance companies are state-regulated. Appeals would go through the state court system. Flood-insurance claims are taken to federal district court. There is a one-year statute of limitations, starting from the time a homeowner rejects the final wettlement offer, to go to court.

* Consumers can hire a public adjuster to estimate and negotiate a claim for them. For more information: www.fapia.net (Florida Association of Public Insurance Adjusters) or www.napia.org (the national association).

Other tips:

* Always get multiple estimates for repair work, document damage with photos and keep receipts. For more consumer tips: www.fldfs.com

* Emergency and permanent adjusters are licensed by the state. License status can be checked at www.fldfs.com/Data/AAR_ALIS1/index.htm.

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