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.
Need advice for how to sue an insurance company for home hail damage
- Thread starter P&R Fan
- Start date
imashooter2
Member
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.
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!"
That is not true in Florida. Most regular homeowner policies in Florida pay replacement cost on the house itself.
Norton 750
Member
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.
This thread is a good example of why insurance premium costs are skyrocketing. Insurance wont replace my 20 year old roof? Sue them...
RobertK3026
Member
I would see if your local television station have investigative reporters, bad publicity sometimes gets favorable results.
Good Luck!!
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.
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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austintexas
Member
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
SWCA 892
Had my roof replaced 3 months ago. 34K and change. And it is not "quite a house". 3BR walkout rambler and garage. 46 squares.
I sold roofs for many years and have dealt with numerous insurance companies. The fact that your roof is 20 years old is going to be a major strike against you. My guess (and I hope for your sake thst I'm wrong) is for every expert you find that agrees with you, they will find one that agrees with them. 10-15 years ago insurance companies were easier to deal with than these days. The huge change in the Carolinas in my experience came after Hurricanes Matthew and Florence. I don't want to be a turd in your ice cream, but I think you're fighting a losing battle. Here is one other thing to consider and I know this from personal experience. If you do sue and win, or even if you provide enough evidence that they change their original refusal, they will drop you like a hot potato. Getting another company to write your home owners will be a pain because they will see in the data base that you sued your previous company and your rates will be figured on a high risk basis.
SGT ROCK 11B
Member
Did you get three quotes? I had roof damage back in the 1990s and they accepted the lowest of the three. No hassle back then.
Recently I had water damage and they nickle and dime me on everything. I told them we agree to disagree so I will make a Claim with the State Insurance Commissioner. Then they got reasonable and fixed everything properly. But it was six months to complete my Claim.
The Roof repair back in the 1990s was completed in seven days. Times have changed and not for the better. JMHO
SGT ROCK 11B
Member
Pretty sure the insurance companies up here rewrote their coverages recently because of the hail storms over the last several years. Would estimate over 50% of the houses in our city got new roofs. If memory serves, which is increasingly sketchy proposition, a roofing shingle layer needs to be broken, not just dented. With a 20 yr old roof, there may be other issues with getting new replacement.
Navy vet
Member
About 10 years ago, I had damage to my roof and called a roofer. He came out and asked why wasn't I going thru home owners. Said I had obvious weather damage. Advised me to make a claim. If my claim was denied, he had a company that would fight for me. Fortunately I had Travelers Insurance and they didn't bat an eye. $500 got me a new 50 year roof and roofer got $20K.
Alton
Member
In 2016 Nationwide paid me to replace my roof after hail damage $12,000 which was the exact cost from my roofer. I was lucky because it was the same roofing company I used 32 years before that when I first built my house, plus he was able to find the exact same shingle color and manufacture. 2,400 SQFT Home. After hearing all these complaints I guess you could say Nationwide is on your side?
Just curious. What did the other quotes come in at? I'm thinking you might have had better success submitting all the bids along with photos.
My neighbor had a one of his trees blow down onto his roof, significantly damaging one eave and pushing a branch through the roof into the kitchen. He has had a number of professional people survey and estimate repair, all of them want to patch the roof. He has told me he does not want a patch, he wants them to re-roof so everthing will match. His roof is at least ten years old and faded, any attempt at "repair" will stand out like an outhouse in the fog. In my best experience he can pay the difference between the offers to repair and have a new roof put on while they are there, which seems backwards at least gets him where he wants to be. It has been six months and he is holding out for a new roof, with Fall approaching it is going to be interesting to see what transpires. As was pointed out you are going up against professionals that are not in the business of making you happy. I wouldn't be a bit surprised to see traditional home owner's insurance radically changed over the next few years, already people are being denied fire insurance. Locally the only way a friend of mine could qualify for fire insurance on his rural forested property is if he had his own water suppression system installed, he has an old water truck from a local fire department set up on his property. Big business clearing forested property and installing fire suppression, if I was much younger I would think about it, it is hard work.
