When an insurance company roof insurance claim denied after you’ve already spent the money to have your roof repaired, you might want to just give up and pay the deductible yourself. However, while this may be tempting, it’s not worth it in the long run—not only because of the headache of dealing with your insurance company on top of your contractor, but also because it’s illegal. Here are some ways to fight back when your roof insurance claim is denied.
What to do when your roof warranty company denies your claim
You should always contact your roof warranty company and have them give you the full explanation as to why your roof insurance claim was denied. If you disagree with the claim denial, you should ask for an appeal of the decision. Talk about any additional information that they may need before reaching a final decision on your roof insurance claim. You can also file a complaint with your state’s department of insurance if they don’t honor the appeal. The department of insurance will help to resolve disputes between insurers and customers. They will provide unbiased help in getting disputes resolved.
If all else fails, try contacting the roofing contractor who installed your roof system in the first place. They might be able to offer more assistance or advice with regards to your roof insurance claim denied by their insurer.
What if the company you purchased your policy from goes out of business?
If your company goes out of business, your coverage will be automatically transferred to one of their chosen partners for the remainder of your contract period. However, you’ll have to call them and ask them what steps you need to take next. You may be switched over by phone or email, in which case all you’ll need is a copy of the in force letter that the insurance company sends when they switch your coverage. But sometimes, if things get messy with trying to transition from one carrier over another, it’s best that you contact someone directly at the insurance company for help.
If neither are helpful, then head on down to our office where we’ll fight tooth and nail to make sure that this doesn’t happen again!
What if there are problems with your settlement offer?
If there are any problems with the settlement offer, contact your agent and ask what you should do. If they are not helpful or don’t know the answer, write down all of the relevant information about your situation and send it in an email to their supervisor for review. If you’re still unhappy with their response, get in touch with your state’s insurance department who will have a say in the final decision. You might also want to find out if any other companies offer coverage that would be better suited for you. There may also be legal action available depending on the type of violation and severity of the breach. A roofing company may owe you for negligence, breach of contract, negligence per se (a specific type of negligence), intentional acts, strict liability (or even breach of warranty) if they breached a contractual obligation that caused injury or damage. For example, if a contractor promised to use the best quality materials and did not live up to this promise; they may owe you money as well as punitive damages. Damages depend on the cost of repairing or replacing property plus other expenses like pain and suffering and emotional distress; however, some actions like fraud or theft cannot be undone which means monetary damages are often minimal. If your roofer promised but did not deliver something, then you can sue them for breach of implied warranty.
What happens if you have trouble contacting the adjuster assigned to your case?
The legal process of fighting a roof insurance claim denied can be difficult and costly. There are a few things you can do if your insurance company denies your claim. If the denial isn’t reversed after that, contact the public ombudsperson in charge of handling disputes between citizens and insurers. They’ll see what they can do on your behalf. Ultimately, you may have to file a lawsuit against the insurance company in order to receive compensation for the damages caused by the weather related event. In the state of Florida, homeowners must provide notice within 60 days from when their homeowner’s insurance policy became effective or from when they should reasonably have become aware of any loss or damage. Be sure to know your rights as an insured before settling for less than you deserve.
The price of filing a lawsuit against your insurance company.
Filing a lawsuit against your insurance company, particularly for an auto roof insurance claim denied, will result in paying your lawyer who will bill you for his or her services. This could add up to thousands of dollars. If you win the case, however, the insurance company will be liable for the damages awarded by the court and most likely all legal fees. If they refuse to pay what they owe, their lawyers may file a writ of attachment against any bank accounts in your name. This can tie up money until the court case is resolved – which could take years depending on where it stands in queue. Also, there are other avenues of recourse when fighting back with your roof insurance claim that don’t involve litigation.
You could also go to another insurer if yours won’t cover your claims. There are many firms that offer new homeowners insurance after completing a simple online form. Even if the roof was completed two months ago, they might cover it because so many roofs have failed during this last storm season due to how intense winter storms were this year.
