How to Protect Your Rights and Interests When Filing a Roof Damage Insurance Claim
San Antonio is known for its vibrant culture, authentic Tex-Mex cuisine, and historic sites. It is also known for its sometimes severe weather, with the city experiencing intense storms with high winds or hail that have the potential to cause significant damage to homes and businesses. Home and business owners may have insurance coverage for damaged roof claims, but getting the insurance company to cover those claims can be easier said than done. Understanding your rights and what you can do to fight a denied or undervalued insurance claim is the first step.
Ensure You Understand the Damage and the Necessary Repairs
Commercial and residential roof damage can be much worse than it looks, and if the incident happened as part of a storm, you could also have extensive water damage from the accompanying rain. Insurance adjusters may downplay damage or recommend a surface repair when there are more significant issues. Knowing what areas of your roof and other structures were affected and how severe the damage is can give you the information you need to dispute the insurance agent’s findings.
Review Your Insurance Policy
Many people do not know what their insurance covers until they make a claim. You don’t want to be unpleasantly surprised at that point to find out that damage is excluded in certain situations or that the insurance company has what’s called the “Right to Repair,” which means they can mandate you use their contractors who may not provide quality work.
The policy terms bind both you and your insurance company, so make sure that you know exactly what should be covered, what your deductibles are, whether you can hire your own contractor, and if there is a timeline for completing repairs.
Document the Damage
Unfortunately, insurance companies often don’t have their policyholders’ best interests at heart. Instead, they are concerned about their bottom lines and profits. This means that they may try to undervalue the damage to your roof or attempt to deny the claim altogether by saying that the damage did not happen from a storm.
Taking photos and videos of the damage as soon as possible after the storm can help establish a timeline that connects the damage to the storm and shows that you have the evidence to support your claim. Other types of documentation that can be helpful include inspection reports — especially if you have preventative maintenance inspection reports from before the incident that show the roof was in good shape — and any warranty paperwork from the roofing company.
Get Several Quotes From Professional Contractors
Roof repair or replacement quotes can vary widely, so it is essential to get multiple estimates to compare against the insurance company’s claim valuation. Having multiple roofing contractors come out and explain what needs to be done to fix the problem can also help you better understand whether repairs can be made or if you need a new roof.
Insurance companies often try to get away with repairing a roof that actually needs to be replaced. Having documentation from several professional roofing contractors stating that the roof needs to be replaced can be invaluable in fighting back against the insurance company.
If you’re allowed to hire your own contractor for the repairs, having multiple roofers come out gives you a better sense of how each one works and who you want to hire.
Know Your Legal Rights
If your insurance company is refusing to approve a legitimate claim or is using delaying tactics, you have the right to file a complaint against the insurance company through the Texas Department of Insurance (TDI). Keep in mind that TDI can only help with insurance companies — not the contractors involved — and can only take action if the insurance company is in violation of the law or the terms of your policy.
You can file a complaint through the TDI website, and a representative will contact the insurance company to get more details about the situation. The insurance company has 15 days to submit a response. TDI will then evaluate both sides and determine if a violation has occurred. If your problem is not related to an actual breach of your policy terms or insurance law, you will likely need to contact an attorney instead.
Enlist the Help of an Attorney
If your insurance company is trying to say that damage to your roof was caused by normal wear and tear or is undervaluing your claim, you need legal assistance. An attorney who has experience fighting insurance companies can review your policy terms to identify any violations or bad faith practices and help you build a case. They can help you challenge claim denials or push back against low-ball payout offers that don’t cover the full cost of the necessary repairs. If mediation is required to settle the dispute, an attorney can represent you during this process.
If you experienced residential or commercial roof damage during a recent storm and you are not getting the help you need from the insurance company, call Stormlex Law Group at 877-890-6372. Our attorneys deal with these cases on a regular basis, and we know how to handle insurance companies who are more concerned about profits than ensuring their policyholders have a safe, watertight structure. Reach out today to schedule a free consultation to learn your legal options.
