Dallas Roof Damage Attorneys

Informing Property Owners About Their Rights and Legal Options After a Roof Damage Claim

Your roof serves a necessary function for your home. It protects it from the rain and wind common in Dallas storms, blocks the hot Texas sun, and ensures your belongings stay safe from the elements. When your roof is damaged after a storm or other incident, your home and possessions are vulnerable. The good news is that property insurance may pay to replace or repair the roof of your home or business if a covered peril caused the damage. Insurance policies can contain complex legal language, and insurance companies and adjusters aren’t necessarily looking out for your interests.

If your roof suffered damage from hail, wind, or heavy rain, talk to the attorneys at Stormlex Law Group to better understand what your policy covers and how to handle your claim. Our office serves those in Dallas and the surrounding area, and we offer free consultations when you call (877) 890-6372 to schedule your appointment.

Does Homeowners Insurance Cover Roof Damage?

Most property insurance policies, including those that cover residential and commercial structures, will cover roof damage as long as the reason for the damage is a covered peril. What’s considered covered perils can vary by policy, but they should be outlined in your paperwork. In most cases, covered perils for roof damage are related to storm damage, such as hail, heavy rain, or strong winds from thunderstorms.

Hail Damage

Large hail can cause significant damage to Texas roofs, especially if they are metal. However, hail can also damage shingles, causing granule loss, affecting waterproofing, and leading to leaks.

Heavy Rain Damage

Heavy rain can be an issue if the roof of your home or business is damaged in a thunderstorm. However, the damage generally needs to be related to the storm itself. A gradual leak that has built up over time and is suddenly noticed during a downpour may not be covered.

Wind Damage

Strong winds can rip shingles off and potentially cause significant damage to your roof. Wind damage, including from tornadoes, is generally covered by standard property insurance policies. However, some policies may have specific wind deductibles that are different from the rest of your policy.

There are also potential exclusions to roof damage. For example, some policies won’t cover what they consider to be cosmetic damage or normal wear and tear. Remember that even if your roof damage is covered, you must still pay the deductible.

What Does an Obligation to Prevent Further Damage Mean?

Because it can take weeks or months for your insurance claim to be processed, it’s vital to protect your property from more severe weather that may come through. In fact, many insurance policies require that property owners do what they can to prevent further damage, even if it means doing minor temporary repairs. For example, if the wind blows shingles off your roof, putting up a tarp to stop further water intrusion would prevent further damage. Suppose water infiltrated the property during a storm that damaged the roof. In that case, reasonable temporary repairs include removing as much water as possible from the home to prevent mold or other issues.

If you need to take any temporary measures in the immediate aftermath of an incident to prevent further damage, document your actions and keep all your receipts. Having these actions documented can help your claim if the adjuster tries to deny it, and the insurance company should reimburse you for any supplies needed for the temporary repairs. It’s also important to take pictures of the damage before the repairs to ensure the insurance company can see the full extent of what happened.

What Are the Most Common Reasons a Roof Damage Claim Is Denied?

You’ve paid your insurance premiums faithfully for years, and you expect the insurance company to do its part when you need to make a claim. However, nearly half of all property damage insurance claims are initially denied. While many of these are overturned when challenged or appealed, getting the denial letter can still be stressful. The first step is to understand why the company denied your claim. Some of the most common reasons for denial include the following.

Normal Wear and Tear

Insurance companies commonly use this reason to deny roof damage claims specifically. The average lifespan of a traditional shingle roof is around 20 years, but it’s common for the roof to show signs of its age before that. If an adjuster believes that damage to your roof is due to its age instead of a specific event, such as a storm, they may deny the claim. An attorney can help you challenge this denial by having a roofing expert evaluate the structure and provide their professional opinion that the roof is showing damage beyond normal wear and tear.

Lack of Maintenance

Routine maintenance is part of being a property owner, and insurance companies expect you to inspect your structure and perform any needed repairs regularly. Your claim could be denied if the insurance company believes that the damage was due to poor upkeep. For example, if there were rotting shingles that needed to be replaced before a storm that were then blown off, the company could deny the claim, saying that if the roof had been adequately maintained, the damage wouldn’t have happened. You can fight this denial by showing pictures of the roof before and after the damage or providing maintenance and inspection records.

Cosmetic Damage Only

Some policies specifically exclude cosmetic-only damage from coverage. This can be an especially common reason for denial if the damage to the roof was caused by hail. You may need a roofing expert and an attorney to help you fight a denial for this reason by showing that the damage affects the structure, function, and integrity of your roof, instead of being superficial.

Insufficient Documentation

When you make a claim to your insurance company for wind and hail damage to your roof, you must provide documentation to support the claim. In most cases, this involves pictures or videos of the damage. The insurance company then sends an adjuster out to inspect the damage in person. Additional documentation, such as inspection reports from roofing experts, may help your claim get approved. In addition, your claim could be denied if you didn’t provide receipts for any extra expenses, such as those needed for temporary repairs.

When your insurance claim is denied, your first call should be to an experienced property damage attorney. They can review your policy with you to ensure your damage is covered and help you figure out the next steps to get what you’re owed.

Can You Choose Your Own Contractor During the Claims Process?

Whether you can choose your contractor to work on your roof repairs depends on your policy. Some property insurance policies are now including a clause that the property owner agrees to use the contractor recommended by the insurance company. If your policy has that clause, you may be forced to use the contractor associated with the insurance company. If not, you are free to choose your own contractor.

When choosing your own contractor, ensure that they are reputable in your area, insured, and have references for their work. It’s not unusual for companies to specifically target property owners in an area after a storm moves through, and they may not have the experience or quality standards you’re looking for.

What Should You Do If Your Insurance Company Refuses to Pay?

Fighting with the insurance company can be especially challenging when you’re already dealing with damage to your home or business and a stressful situation. If you’re having issues with your claim, it’s likely to fall into one of the three categories below.

Denied Claim

The insurance company may issue an outright denial of your claim. Look over the denial notice carefully to determine the reason. If you disagree, it’s time to call an attorney who can help you review your policy and decide how you want to move forward. In most cases, the next step is to request a reason if one wasn’t given and submit an appeal. If the insurance company continues to deny a legitimate claim, you may need to submit a formal complaint to the Texas Department of Insurance or file a bad faith lawsuit.

Undervalued Claim

It’s very common for the insurance company and the property owner to disagree on the value of the damage. There may be misunderstandings about the difference between actual cash value and replacement cost, and what is paid out when. An insurance adjuster may also mistakenly forget to include certain damaged items in the damage. An attorney can help you challenge the adjuster’s valuation if it seems low and connect you with roofing experts who can provide estimates to show an accurate cost.

Delayed Claim

Insurance companies sometimes use delay tactics to avoid paying out a claim. This can happen through repeated requests for additional documentation, the adjuster losing paperwork, and the company not starting its investigation or making a decision regarding your claim within the timeframe allowed by law. A delayed claim means delayed repairs to your home or business and more impact on your daily life. An attorney can help you hold the insurance company to the deadlines and initiate legal action on your behalf if the company doesn’t comply.

What Are Bad Faith Practices?

Most homeowners’ insurance policies have specific provisions that cover roof damage as long as it is caused by a covered peril. If an insurance company unfairly denies or unreasonably delays a legitimate claim, it may be acting in bad faith. Bad faith practices regarding a roof insurance claim can also involve the adjuster misrepresenting the policy terms or threatening the property owner in some way. A bad-faith lawsuit may also be an option if the insurance company refuses to attempt to negotiate a reasonable settlement with you or your legal representative.

Having your roof damaged in a storm can leave you struggling to find a temporary place to live and worrying about how you’ll make the repairs. Insurance companies should be a source of support and help during this time, but this isn’t always the case. If you need assistance understanding your policy coverage or are struggling with an insurance company that won’t pay, contact Stormlex Law Group at (877) 890-6372 to schedule a free consultation and find out how a Dallas roof damage lawyer can help.