The  severe weather that recently swept through the area left many property owners with damage to their roofs from the storms and high winds.  When massive storm damage appears, the environment is ripe for an illegal activity that often plagues Florida – roofing scams.

The usual manner by which these roofing scams play out is that an alleged “roofer” contacts a property owner and claims that the roofer can act as an insurance adjuster to help the property owner with the insurance claim.  The crooked roofer will promise the world to the property owner in order to get the property owner to hire the roofer to “handle” the claim, and may also request that the property owner assign to the roofer all rights to any of the proceeds of the insurance claim.  The roofer will then perform substandard repairs to the property and submit an inflated bill for these services to the insurance company.  The roofer will often times, as an “additional service” to the property owner, attempt to trick the insurance company into paying for other (non-roof) portions of the property by hiding/misnaming such costs in his bill for roofing repairs.  Many of these crooked roofers are fly-by-night operators that merely swing into town after a storm event and then, once the work dries up, move on to the next town – with no intention of standing behind their roofing repairs or providing any sort of warranty.

This activity is not only unethical, but illegal as well.  Before you hire a roofing contractor, make sure you research the contractor’s track record with the Better Business Bureau and make sure the contractor provides accurate contact information in case there is an issue with their work.  Lastly, if you ever have a dispute with your insurance company, it doesn’t make sense to hire a roofing company to advocate your claim – hire either a licensed public adjuster or an attorney with experience handling insurance claim disputes.

 

Almost every time we speak to a new client regarding their hail damage insurance claim, our clients tell us that the insurance company representative told them some variation of one or more of the below statements.  Unfortunately, insurance company adjusters have a habit of trying to convince property owners that they have “no business” filing legitimate hail damage claims, and even try to convince the hapless homeowners to drop their claims.  We’ve put together the below list of insurance company representations and have pointed out the truth underlying these misstatements.

1.  “Since you don’t have much damage, you shouldn’t file a claim” – In reality, if you have any damage whatsoever from a covered cause of loss, you have the absolute right to place a claim with your insurance company for the repair of this damage.  Moreover, even if the damage to your roof may not seem severe at the moment, if left un-repaired, it may eventually lead to additional leaks and problems down the road – which could end up costing substantially more to repair.  Better to get the repairs taken care of immediately so that additional subsequent damage can be avoided.

2.  “If you file a claim, your insurance company will cancel your policy” – In fact, most states have laws which specifically prohibit insurance companies from cancelling a policy solely because of the insured’s placement of a claim.  Not only is the insurance company prohibited from taking this action, the insurance company might be exposing itself to a claim for bad faith claims handling as well.

3.  “Since it doesn’t look like you’ve lost any roof shingles, you must not have any hail damage.” –  This is one of the most common statements, and is really a total misdirection.  Missing shingles are usually related to wind damage claims (hurricanes, tropical storms, etc.), and are not an absolute indicator of hail related damage.  A roof may be substantially damaged by hail, even though the actual shingles appear to still be in place after the storm.   Furthermore, the damage may not cause leaking until well after the storm.  Therefore, it is crucial to have a qualified expert examine your roof after a storm to fully evaluate the damage to your property.

4.  “If you file a claim, your insurance rates will go up.”  Let’s be honest, if a storm or other large weather event comes through your area, the insurance company is going to raise everyone’s rates anyway.  So if your insurance premiums go up and you are the only person on your block who didn’t file a claim, your increased premium dollars will just be used for paying everyone else’s claims and not yours.

5.  “You should place a claim with your manufacturer’s warranty/home builder/building contractor for this damage.”  – The reality is that most manufacturer’s warranties specifically exclude damage caused to your roofing shingles by hail.  Furthermore, home builders and contractors will only be liable for faulty workmanship or failure of the products and services they provided as part of the scope of their employment.  Absent some specific (and hard to imagine) language in a home builder’s contract that states that the builder agrees to be liable for acts of nature which occur after the home is built, there would be no cause of action against the building contractor for hail damage.

6.  “Since you didn’t notify us immediately after the hail incident, you cannot make a claim.” – Although there may be various limitations under law or in your policy which govern the time frame within which you must place your claim, such limitations usually allow ample time to make your claim and do not mandate that your claim is automatically barred if you didn’t notify the insurance company the day after the event.  Although it is important to consult with a legal professional as to what limitations may exist in your policy or under the laws of your state, the process recognizes that it may take a while to fully become aware of the damage and to notify your insurance company of same.

Always keep in mind that the individual the insurance company sends to initially inspect your damage is either an employee of the insurance company or an outside adjuster who relies upon the insurance company for his standard of living.  Although usually these representatives do their best to honor the insurance company’s obligations to you, do yourself a favor and never forget who butters this person’s bread.  If you have any doubts about whether you are getting a fair shake from your insurance company, please feel free to call our office.