The Gulf Oil Spill: Prepare for the Worst - Hope for the Best
With the oil still gushing off our shores and no end in sight, only one thing is for certain, the impact on the environment and economy of Florida’s Gulf Coast will be devastating.
Governor Crist said Floridians must “prepare the worst and hope for the best”. We completely agree with the Governor. It is imperative that anyone with a financial or other vested interest that needs protecting begin doing so as quickly as possible. Some prompt actions are recommended while it may be wise to consider waiting (as difficult as that may be) regarding others.
Make a Record of Everything
Having been through major disasters and the arduous claims process that follows, I can assure you that there is no such thing as “too much information” when it comes to establishing conditions prior to a casualty loss or in proving “damages”. Some actions which should be taken immediately include:
- Take photographs – lots of them – and as soon as possible, before any physical damage is caused by the oil spill. If any damage is sustained, photographs of the damage are indispensable.
- Prepare a video with narration.
- Rental losses due to canceled reservations should be well-documented.
- Document all information you receive from anyone who contacts you regarding the oil spill.
Governmental Jurisdictions Can Be Confusing
Beaches, in general, fall under the regulatory authority of several agencies including the Army Corps of Engineers (“ACE”) and on the state level the Florida Department of Environmental Protection (“DEP”). It is essential to confirm in advance what regulations apply and to obtain any required permits before proceeding with any actions that may violate state or federal laws.
Engaging Professionals
Engaging professionals may be a prudent course of action. Condominiums and community associations should consider securing the services of a competent coastal engineer. The advice and recommendations of a professional may provide significant assistance in protecting property and in navigating the confusing web of state and federal regulations applicable to beachfront property. Additionally, it would be wise to seek legal assistance to help protect your assets and income. Some pundits are predicting that this incident will create more lawsuits than any other single event in history. Beware of the contractors, public adjustors and attorneys from all over the country trying to get in on the action. While many are competent, capable, and professional, others are not. It is important to check the history and credentials of any professional before engaging their services. No substantial claims are likely to be settled quickly, and prudence rather than haste in choosing legal representation will pay off in the long run.
The cleanup from the oil spill will take years. The litigation and claims processes will take even longer. Property owners who follow the steps outlined above and keep on top of the news will be in a better position than those who act out of desperation and panic.
