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

If you cannot correctly spell the word figure, You probably aren't going to have good results representing yourself in court.

Just because one thing is hail damaged, doesn't automatically mean another/different thing is damaged.

$35,000 for a roof? You must have quite a house.
 
We definitely need pictures. Recruit a local teenager to help you with that on the forum so we can see.

The roof thing in the US has put me off the idea of living in many parts of the US. It is darned near impossible to have an attractive roof that will deal with the weather in many places because of local laws and safety concerns.
 
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.

I know about 6 or 7 years ago my yearly payment was under $700. It's over $4,000 for the same coverage. My deductible is $500 including hurricane damage. No flood insurance, but I really need to look into gun insurance. I'd hate to see what my rates would be to add it thou.
 
$35,000 for a roof? You must have quite a house.

I have a crazy biker friend with a 2,843 sf duplex house. He knew his roof was leaking for 7 or 8 years, but kept putting his money into his vintage Harley racing instead of a new roof.

His insurance company canceled him over the roof. He finally took out a loan and got a new roof. It was around $35K because they had to replace so much plywood.

After getting the new roof he tried to get insurance, but now they say his windows aren't up to code. Dude still has zero home insurance. A fire, tornado, or hurricane could leave him with what he has on his back. I couldn't sleep at night knowing that.

His place. That's a tarp on his roof.

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I know about 6 or 7 years ago my yearly payment was under $700. It's over $4,000 for the same coverage. My deductible is $500 including hurricane damage. No flood insurance, but I really need to look into gun insurance. I'd hate to see what my rates would be to add it thou.
Your best option is probably Collectables Insurance although you can get a quote with them and your home insurance to compare prices. Collectables has great coverage and prices in my opinion and you don't need to list your firearms to insure them.
 
A couple of years ago, I had a dust devil kick up about 3 or 4 rows of shingles. I tried to get home insurance to cover it and what a pain that was!
They sent and adjuster and he wouldn't tell me what he found. Ins. told me it was a no-go.
I got a roofing company to come take a look and he told me that the insurance didn't want to pay for a new roof.
About 3 weeks later, one of the houses in the neighborhood had flat roof and was having repair work done. After he was done I asked him to come by the house and take a look at what I had. Long story short, he fixed/replaced the damaged shingles and took care of any issues he found. He even found a couple of 9mm bullets lodged in the roof! Most likely from idiots firing guns on New Years. All done for the price of the deductible. He even took care of the shingles on the shed!

It was a good thing I kept a couple of bundles of extra shingles from when the roof was re-roofed!
 
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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.
That is exactly why I dropped my homeowner's coverage in Florida. The company that I had been doing business with for decades, with no claims...ever, wanted me to replace an entirely secure roof based on the age of the roof age alone. It was a thirty year bonded roof about twenty years old. No one came to look at it. The roof had just come through a bad hurricane and only lost about three shingles, which I fixed in an hour...

This is the real kicker; had I gone ahead and replaced the roof, they would not quote me for what the continuing coverage would be after the new roof went on. "We can't quote you until you have the new roof." This was about five or six years ago, I paid off my mortgage early, then dropped my coverage and have been banking the money that I have saved for future problems. It was my way of telling Farm Bureau Insurance to kiss my hairy butt! Florida is a hell of a place to buy insurance any more, even in my case where I am 60 miles from salt water and 300' abover sea level, and on top of a hill!
 
I do my best to not hire lawyers, to fight against a company who have scores of lawyers on the payroll. They can toy with you until you are dead broke, winning without ever thinking about going to court, then come after you for their legal costs...
 
I don't know about the state you live in. Here in Colorado we have "DORA," Department of Regulatory Agencies. There is one for insurance under DORA. I would check with you state and see if they have something similar. You definitely need to get a qualified second opinion before yo u go to the state.
 
That is exactly why I dropped my homeowner's coverage in Florida. The company that I had been doing business with for decades, with no claims...ever, wanted me to replace an entirely secure roof based on the age of the roof age alone. It was a thirty year bonded roof about twenty years old. No one came to look at it. The roof had just come through a bad hurricane and only lost about three shingles, which I fixed in an hour...

This is the real kicker; had I gone ahead and replaced the roof, they would not quote me for what the continuing coverage would be after the new roof went on. "We can't quote you until you have the new roof." This was about five or six years ago, I paid off my mortgage early, then dropped my coverage and have been banking the money that I have saved for future problems. It was my way of telling Farm Bureau Insurance to kiss my hairy butt! Florida is a hell of a place to buy insurance any more, even in my case where I am 60 miles from salt water and 300' abover sea level, and on top of a hill!
It is a mess these days. It was a lot different 41 years ago when I started in the insurance business. Between the insurance companies and the attorneys in Florida they have made it unaffordable for many and difficult to collect on claims.
 
A public adjuster navigated the insurance nightmare for us after a hurricane dropped a tree through our roof. He took 17% of the recovery and was worth far more than that in the payout. The insurance company tried to offer us a few thousand before the adjuster went to work.

Be aware the insurance pays current value for losses, not replacement cost. A 20 year old roof is going to have depreciated to almost nothing.
 
A public adjuster navigated the insurance nightmare for us after a hurricane dropped a tree through our roof. He took 17% of the recovery and was worth far more than that in the payout. The insurance company tried to offer us a few thousand before the adjuster went to work.

Be aware the insurance pays current value for losses, not replacement cost. A 20 year old roof is going to have depreciated to almost nothing.
Yea, you will have to find a roofer that will put 20 year old weathered shingles back on... That is why after hurricanes, you see roofing trucks by the score riding around sweeping up old shingles. "Thar's gold in them there gutters!"
 
A public adjuster navigated the insurance nightmare for us after a hurricane dropped a tree through our roof. He took 17% of the recovery and was worth far more than that in the payout. The insurance company tried to offer us a few thousand before the adjuster went to work.

Be aware the insurance pays current value for losses, not replacement cost. A 20 year old roof is going to have depreciated to almost nothing.
That is not true in Florida. Most regular homeowner policies in Florida pay replacement cost on the house itself.
 
Twenty years is the average life of a composition shingle roof, as many have stated before. If you are going to try and sue the insurance company, be prepared to spend more than $35,000 in legal fees. And you will still lose because of the age of the roof. Lots of insurance companies are doing drone inspections of insured, and if your roof is worn they non-renew your policy. It is a hard fact of the game, but I am afraid that is where we are now.
 
I would see if your local television station have investigative reporters, bad publicity sometimes gets favorable results.
Good Luck!!
 
I'm a residential contractor and I've done quit a bit of insurance repair/replacement work over the years after the tornado and hurricanes that swept through our area. Golphin makes several good points as he knows the business.
My observations:
-What type of roof? I don't see that mentioned in your comments. If shingles...three tab or architectural? What life shingle? 20, 25, 30, 40, 50 years?
-What type insurance coverage on the roof? cash value or replacement ?
-Do you live in a subdivision? Are your neighbors getting roof claims?
-What size hail? Small hail can damage aluminum like your gutters but not cause significant damage to architectural shingles. Grit loss is normal after a storm. Impact damage is what you need to get a claim.

Most people are unaware that architectural shingles were designed for the midwest USA due to high winds and hail. They are designed to take light to moderate hail without needing replacement.

In my state, we have an insurance commissioner. His office oversees claims of insurance fraud among other things. Sometimes just the threat of involving them will make wheels turn.

Funny story-my mother's house had hail damage. All the neighbors were getting new roofs but she was denied. I met with the adjuster personally after the denial. He pointed out that everyone was claiming roof damage because of grit loss but there weren't any auto claims. He had a good point but, from my perspective, I wanted a new roof for my mother. I simply pointed out to him that everyone around her was getting a new roof and we wanted one too (not a very technical argument I know). Then I asked him if this was a matter of kickbacks? "If you're looking for a kickback," I said, "you're talking to the wrong guy." (This is a real concern unfortunately). The adjuster nearly soiled himself and couldn't make denials fast enough. "Let me get back to the office and see what I can do," he responded. My mothers claim was approved that afternoon with adequate funds for the job.

One other point for homeowners with shingle loss or impact damage: Removing and replacing a damaged shingle affects the shingles around it. If you have three to four shingles or more to replace on a single field of the roof, that entire field needs to be replaced. If you have a hip roof, you cannot replace a single field because code requires the underlayment to overlap the ridge from both sides. The underlayment will be damaged when removing the shingles and ridge so the adjoining field must be replaced.

A good roofing contractor will know these code requirements and can use it to get the entire hip roof replaced by the insurance company. This doesn't work for gable roofs except for the "whole field" argument.

Don't try to be your own contractor thinking you can do it cheaper and save/make money. You'll never get as much from the adjuster as an experienced contractor can if he's allowed to work directly with the adjuster.

I saw one roof claim where the adjuster approved and paid for over twenty "patches" to a shingled roof and the homeowner didn't know any better. To me, this is a dishonest adjuster who represents the company against losses more than the homeowner's rights. Not all companies are like that, but some are. A good, experienced contractor will pay for themselves in a case like this.
 
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My son had been turned down several times for roof hail damage. Finally a local contractor he called came and looked at his roof and told him to contact his insurance adjuster and he would meet him and show him where the damage was. after his contractor and adjuster met inspected the roof together he got his new roof.
SWCA 892
 

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