If you are a Florida resident who recently had your roof damage claim denied, we know how frustrating and disheartening this can be. Whether the insurance adjuster didn’t assess the full extent of damage or feel there was enough evidence to approve it, a rejected claim is not something you should have to deal with alone.
That’s why we’re here to help – read on to learn more about what steps you can take after being denied coverage and how our experienced team of experts at Herman & Wells can provide assistance for filing a successful appeal!
The Cliff Notes: Key Takeaways From This Post
- If your insurance company has wrongfully denied or delayed payment on your roof damage claim, you may have a legal basis for filing a lawsuit.
- The burden of proof is on you as the claimant – so it’s important to collect evidence that supports your version of events and establishes the extent of the damage (including photos and written estimates from qualified roofers).
- Obtain expert opinions from a qualified engineer as to the cause of damage. – Remember that there is a two-year statute of limitations for filing roof damage claims in Florida – so it’s important to take action quickly.
- At Herman & Wells, we offer free initial consultations for anyone who has had their roof damage claim denied. Our experienced attorneys will review every aspect of your claim and help you to understand the best approach for moving forward. Contact us today!
Understanding Denied Roof Damage Claims In Florida
When it comes to roof damage, denial of a claim is one of the most common issues faced by Florida homeowners. In order for a claim to be approved, the insurance company must assess that there has been valid and verifiable damage caused by an insurable event – such as wind, hail, fire, or other types of natural disasters. Claims can be denied due to numerous reasons, including pre-existing damage, inadequate maintenance, or policy exclusions.
Generally speaking, denial of a roof damage claim can be due to:
Pre-existing Damage
This is when the damages sustained were already present on the roof prior to the insurance policy taking effect.
Inadequate Maintenance
While it may not seem like a valid reason to deny coverage, inadequate maintenance is often cited as the cause of damage. This includes not getting regular inspections or making necessary repairs in a timely manner.
Policy Exclusions
These are specific items excluded from coverage on an insurance policy, such as wear and tear from age or lack of upkeep.
Reviewing Your Insurance Policy And Claim Documentation
For Floridians whose roofs have been damaged, it’s important to review your insurance policy and claim documentation thoroughly if your claim is denied. When reviewing your policy, focus on provisions, coverages, and exclusions that are relevant to your particular situation.
Organizing the necessary documents can be a difficult task, so here are some tips that may help:
Collect Documents
Collect all documents related to your insurance policy and claim, such as bills, estimates for repair costs, photographs of the damage, etc.
Make Copies
Make copies of all documents that you will be sending to the insurer so that you have a backup in case they are lost or destroyed.
Gather More Evidence
Gather any additional evidence that might help strengthen your case, such as reports from inspectors or contractors who observed the roof damage.
Write To Your Insurer
When writing a letter to the insurer, make sure that you clearly state why you believe the claim should be paid and provide any supporting evidence that will strengthen your position.
By thoroughly reviewing your insurance policy and claim documentation in response to a denied roof damage claim, you can ensure that you will be well-prepared to make your case and receive the compensation that you deserve.
Consulting With A Florida Roof Damage Claim Attorney
At Herman & Wells, we understand how difficult it can be to navigate the complexities of filing a roof damage claim in Florida. Without professional guidance and experience, you could find yourself dealing with an unfair denial or not getting full coverage for your damages.
That’s why our team of experienced insurance dispute attorneys specializes in helping clients get through insurance disputes related to roof damage in Florida. We have a successful track record of evaluating and analyzing claims to provide our clients with the best outcome.
Appealing A Denied Roof Damage Claim In Florida
Appealing a denied roof damage claim can be a complex process. Our attorneys have the expertise to help you understand each step and guide you through the process.
The first step is to gather additional evidence to support your appeal. This may include photos, repair or replacement bills, invoices for materials, and any other documentation that proves your roof was damaged and you’re entitled to coverage.
The next step is to submit a written appeal to the insurance company. This should clearly explain why the claim was unfairly denied and provide evidence that supports your case. Our attorneys will work with you to craft an appealing letter and ensure it meets all applicable rules and regulations.
Finally, if the insurance company still refuses to cover your roof damage claim, our attorneys can assist you in engaging in negotiations.
Alternative Dispute Resolution Methods For Roof Damage Claims
At Herman & Wells, our team of insurance dispute lawyers has seen countless roof damage cases in Florida, and we understand the complexities that can arise when seeking to resolve these types of issues. When a roof damage claim is denied, it may be worthwhile to explore alternative dispute resolution (ADR) methods as an alternative to litigation.
Mediation and arbitration are two of the most common types of ADR for resolving roof damage claims. Mediation is a process in which an impartial third-party mediator helps to facilitate discussion between parties in order to reach a mutually acceptable resolution. The goal is to find a compromise that both parties agree to and avoid the need for a trial.
On the other hand, arbitration can be used when parties cannot agree on a resolution. In this process, the arbitrator is empowered to make a binding decision based on the evidence provided by both parties.
Filing A Lawsuit For A Denied Roof Damage Claim In Florida
If your insurer has wrongfully denied or delayed payment on your roof damage claim, you may have a legal basis for filing a lawsuit. In some cases, an insurance company can be sued for breach of contract or bad faith insurance practices. Our attorneys are knowledgeable in the laws and regulations governing Florida homeowners’ rights and can help you determine if your insurer has acted unfairly in denying or delaying payment on your roof damage claim.
Proving Your Roof Damage Claim In Florida
At the heart of our approach is gathering evidence to support your roof damage claim in Florida. We understand that the burden of proof is on you as the claimant, and we work hard to assist you in collecting all required evidence.
When pursuing a roof damage claim, the standard used by courts is generally one of “preponderance of the evidence” – meaning that it must be more likely than not that your version of events is correct. To support your claim, there are a few key elements that need to be evidenced:
Document Evidence
Document the extent of the damage. This can include taking photos of the damaged areas and obtaining written estimates for repair or replacement from qualified roofers.
Damage Prevention
Establish that you have taken reasonable steps to prevent or minimize further damage – such as tarping the roof in an emergency.
Expert Opinions
Obtain expert opinions from a qualified engineer as to the cause of the damage. As part of our service, we have access to a network of experts who can provide unbiased professional assessments.
Consider Other Factors
Consider any other relevant factors which may be pertinent – such as delays in repairs due to adverse weather conditions or if subcontractors were involved in the work.
Statute Of Limitations For Roof Damage Claims In Florida
In Florida, there is a two-year statute of limitations for filing roof damage claims. This means that you must file your claim within two years from the date of your loss. If you miss this deadline, it is possible that any legal action will be dismissed by the court and you may be unable to pursue compensation for your damages.
It is therefore important to act promptly when you suspect roof damage. We recommend that you contact your insurance company and begin the claims process as soon as possible. This will give us the best chance of collecting all necessary evidence within the allotted time frame, helping to ensure a successful outcome for your claim.
FAQs About Denied Roof Damage Claims In Florida
Q: What Do I Do If The Insurance Company Denies My Roof Damage Claim?
A: If your claim is denied, you have a few options. Firstly, you can contact your insurance company and attempt to negotiate with them in order to reach a settlement agreement. If this fails, you may want to consider filing a lawsuit against the insurer. If so, remember to act quickly – you have two years from the date of loss in which to pursue legal action before the statute of limitations expires.
Q: What Evidence Do I Need To Support My Roof Damage Claim?
A: You will need to collect evidence that demonstrates the extent of the damage and its cause(s). This can include photographs, written estimates for repair or replacement, and expert opinions from qualified engineers. Any other relevant factors should also be considered – such as delays in repairs due to adverse weather conditions or if subcontractors were involved in the work.
Q: What Is The Burden Of Proof For Roof Damage Claims?
A: The standard used by courts is generally one of “preponderance of the evidence” – meaning that it must be more likely than not that your version of events is correct. You will therefore need to establish evidence which supports your claim, as outlined above.
Q: Is There Anything Else I Should Consider When Making A Roof Damage Claim?
A: It is important to remember the statute of limitations for filing claims in Florida – you have two years from the date of your loss in which to take action. It is therefore essential to begin the claims process as soon as possible so that we have enough time to collect all necessary evidence.
Denied Roof Claim? Book A Free Claim Review With Our Attorneys
At Herman & Wells, we are committed to helping homeowners in Florida pursue their deserved compensation for roof damage claims. We understand the importance of collecting all necessary evidence in order to prove your claim – and our team has extensive experience in doing just this.
We offer free initial consultations for anyone who has had their roof damage claim denied. Our experienced attorneys will review every aspect of your claim and help you to understand the best approach for moving forward.
Don’t let insurance companies deny your rightful compensation – contact Herman & Wells today and book a free claim review. Our knowledgeable team is here to provide personalized and effective legal representation for all Florida homeowners. Call (727) 821-3195 for a free consultation today!