Need advice for how to sue an insurance company for home hail damage

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Last year we had significant hail damage to our homes roof. Contacted my local agent. They told me to get quotes. Got one for over $35,000. Turned it in. They sent out an adjuster. He said he saw no hail damage to the home roof but they paid over $1,200 for damage to garage. I disputed this. They sent out an Engineer. Went up and examined the roof. Sent me their report. Said I had severe damage to the gutters and downspouts and a busted window. But NO damage to the roof from hail. Hmm. The gutters are on the roof. They will pay for the windows, gutters an downspouts but nothing for the roof. I talked to several local Attorneys about suing them. Nobody will take the case. One attorney gave me the initial set of paperwork but said I had to type out a description. Also have no idea how to get the forms to have them served. Talked to a local Process Server and he only does small claims. I am a Private Investigator and have done numerous Process Serves but the client always gave me the forms. I intend to represent myself in court and testify but I need to figger out how to initiate the lawsuit and get the serve forms. Anybody have any ideas?
 
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No idea.

If asked "how do you know that there is damage?" how would you respond? Do you have an expert to counter their roofing engineer? That's a bigger problem than how to fill out the forms.

Claims for hail damage have become a huge problem for insurance companies, not surprised they are pushing back. I expect them to remove that coverage from policies in the midwest.
 
No idea.

If asked "how do you know that there is damage?" how would you respond? Do you have an expert to counter their roofing engineer? That's a bigger problem than how to fill out the forms.

Claims for hail damage have become a huge problem for insurance companies, not surprised they are pushing back. I expect them to remove that coverage from policies in the midwest.
We have very clear pictures of the damage and it has gotten worse recently.
 
Get ready for a cancellation letter following this. I had the same issue, (on a smaller scale), with Tennessee Farm Bureau. This was 20+ years ago...They finally paid for my hail damaged roof and I got a cancellation letter a few weeks later. I went with Allstate for a few years and then they finally sent me a letter with a cheaper rate, and I went back with them.
 
I know here in Florida, the laws have changed recently. In the past, roofing contractor would patrol the neighborhoods, knock on doors, and tell you your roof was damaged in the last storm. Offer to do the job and your insurance would pay for it.
Insurance companies got tired of it, and got legislation passed to cut down on this type of activity.
Point being, "storm damage" has become a scam, and the insurance companies fight these claims vigorously. Unfortunately, the legitimate claims get caught in the crossfire.
 
We have pretty bad hail storms here in Oklahoma and every time one hits, lots of roofing companies are knocking on the door. I've owned a construction company for decades and when the last hail storm hit, I had my roofer check it out my roof. He said there was no damage, but several other roofers came by and they told me I could get a new roof for free. They would include my deductible in their price. One of the roofers said my roof was damaged because he could see shingle granules in my gutters. Just tearing open a bundle of shingles will have a lot of granules fall on the ground.
 
We just went through a hail damage adventure. The hail core came right through our area. All of the homes have new roofs or are getting them. We didn't have any problems with our insurance company.
I wish you luck dealing with your insurance company.
 
The roof is about 20 years old. This company replaced it at that time, although I had to fight with the adjuster at that time too. I don't know how to post pictures but they clearly show the damage.
 
I know here in Florida, the laws have changed recently. In the past, roofing contractor would patrol the neighborhoods, knock on doors, and tell you your roof was damaged in the last storm. Offer to do the job and your insurance would pay for it.
Insurance companies got tired of it, and got legislation passed to cut down on this type of activity.
Point being, "storm damage" has become a scam, and the insurance companies fight these claims vigorously. Unfortunately, the legitimate claims get caught in the crossfire.
Hire your own adjuster to examine the roof-one who is NOT gonna get the business of repairing the roof. You are going to pay him/her an hourly rate and NOT anything based on how much you can recover from the insurance company. If you are gonna sue you gotta do it anyway. Several questions present themselves. First-how old is the roof? Even if they pay they will only pay ACV based on lifespan unless to have replacement value coverage. Next, if you find a lawyer to take your case understand that he ain't gonna front the costs for your adjuster or experts and will not take the case on contingency unless he can develop a bad faith refusal which from your post seems problematic at best.
 
I have ASI insurance on my house thru Progressive.

A tornado came within a couple miles of my house years ago, I never knew about it till later. If there was any hail I never saw it.

Had the roofers come by and asked to check my roof, told them to go for it. They said I had hail damage, and contacted my insurance company. Insurance company sent someone out, and they both checked it out. Found out I had 12 shingles that had what they called hail bruises. Adjuster said they would replace the shingles. He took a putty knife and tried to left one up, but it just broke off. Sea Gate builders put the cheapest shingles on made I guess.

Got a new roof for $500 out of pocket. That was about 13 years ago, still have ASI.
 
I am a agent and own a agency in Florida and have for 40 years. You need at least one engineer to look at your roof and dispute what the engineer the insurance company sent out or you are going to have a hard time getting the insurance company to pay for a new roof. Even if you find a attorney to take the case I would think they will have to find a engineer to dispute the insurance company report to collect. I am surprised it damaged the gutters and not the roof. What kind of roof do you have?

Even with the new laws here in Florida we still have roofing companies coming from South Florida and going to areas that have had a hail storm and trying to get people to let them replace their roof. Most times in my experience companies are paying when there is hail damage although many of the policies in Florida have a separate and larger deductible for roofs now. Roof claims and people getting old roofs replaced for damage and paid for by insurance over the last 15 years have caused Florida rates to double. Companies will not write a home with a roof over 15 years old now in most case. Also many will cancel homes when the shingle roof reaches 20 years unless it is replaced regardless of condition. In my opinion the policies need to be changed to actual case vale instead of replacement cost of roofs and pay based on depreciation due to age instead of full replacement cost of a new roof.

While people associate hurricanes with Florida's high insurance cost a lot of it has been from replacing roofs do to hail and wind storms not related to Hurricanes.
 
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As a private investigator, have you worked for insurance companies in the past ? Seems like you'd have some contacts in the insurance industry to guide you a little.
 
I have ASI insurance on my house thru Progressive.

A tornado came within a couple miles of my house years ago, I never knew about it till later. If there was any hail I never saw it.

Had the roofers come by and asked to check my roof, told them to go for it. They said I had hail damage, and contacted my insurance company. Insurance company sent someone out, and they both checked it out. Found out I had 12 shingles that had what they called hail bruises. Adjuster said they would replace the shingles. He took a putty knife and tried to left one up, but it just broke off. Sea Gate builders put the cheapest shingles on made I guess.

Got a new roof for $500 out of pocket. That was about 13 years ago, still have ASI.
That been the norm for years here in Florida now. Florida homeowners rates are 4 times what they were 15 years ago. Last I knew ASI is not writing new homeowner business. In 2022 Progressive ASI cancelled 56000. homes they had insured in Florida that had a roof over 15 years old.
 
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