Understanding Roof Damage Insurance Claims in Florida
Roof damage is one of the most common and costly issues that Florida homeowners face, especially due to the state’s vulnerability to hurricanes, tropical storms, and other severe weather events. Whether your roof has been damaged by high winds, heavy rains, falling debris, or even age-related wear and tear, filing a roof damage claim can be complex and frustrating. Understanding how to navigate this process properly ensures you get the compensation you need to repair or replace your roof.
What Is Covered Under a Florida Homeowner Insurance Policy?
Standard homeowners insurance policies typically cover roof damage caused by sudden and accidental events, including:
- Hurricanes and Tropical Storms: Wind damage is a common cause of roof issues in Florida, and most homeowners’ policies cover damage from hurricanes, tropical storms, and other high-wind events.
- Falling Debris: If a tree branch or other debris falls and damages your roof, it is generally covered under your policy.
- Hail Damage: Hail can cause significant damage to shingles, tiles, and other roofing materials. This type of damage is usually covered.
- Fire: If your roof is damaged by fire, this is typically included in your insurance coverage.
What May Not Be Covered:
- Wear and Tear: Insurance policies do not cover general wear and tear damage, lack of maintenance, or age-related deterioration.
- Negligence: Damage caused by poor maintenance or improper repairs may be denied by your insurer.
- Flood Damage: Flood damage, including that caused by storm surge, is not covered under standard homeowners insurance policies and requires separate flood insurance.
Common Types of Roof Damage in Florida
Roof damage in Florida can come from a variety of sources, but the most common types include:
- Wind Damage: High winds can tear shingles off your roof, damage flashing, and even lift parts of the roof structure.
- Water Damage: Leaks caused by heavy rains or improper drainage can lead to structural damage, mold, and weakened materials.
- Hail Damage: Hail can cause dents, cracks, or punctures in roofing materials, leading to long-term water infiltration.
- Falling Debris: Storms often cause trees or other debris to fall on roofs, leading to punctures, broken tiles, or more severe structural damage.
Identifying and documenting the type of damage is essential for filing a claim and ensuring you receive the appropriate compensation.
Steps to Filing a Roof Damage Claim in Florida
If your roof has been damaged by a hurricane, storm, or other weather events, follow these steps to ensure your claim is processed correctly:
- Document the Damage: Start by documenting the damage as soon as it’s safe. Take clear photos and videos of the roof from multiple angles, up close and from the ground, to show the extent of the damage. Include photos of any interior damage caused by roof leaks.
- Temporary Repairs: If there are active leaks or severe damage, make temporary repairs to prevent further damage. For example, tarping the roof or patching leaks can help stop water from infiltrating your home. Keep receipts for any materials or services used, as your insurance may reimburse these costs.
- Contact Your Insurance Company: Report the damage to your insurance company immediately. Many policies have a limited window for filing claims after a storm. When contacting your insurer, give them a detailed description of the damage and let them know if temporary repairs were made.
- Schedule an Inspection: Your insurance company will likely send an adjuster to inspect the damage and assess the cost of repairs. Be present during the inspection to ensure all damage is properly noted and addressed.
- Get a Roofing Contractor’s Estimate: Getting an independent estimate from a licensed roofing contractor is a good idea before accepting a settlement offer. This ensures you have a realistic idea of repair costs and can help you challenge a low settlement offer from your insurance company.
Common Challenges with Roof Damage Claims
Unfortunately, roof damage claims are not always straightforward. Many homeowners face challenges when dealing with insurance companies, including:
- Claim Denials: One of the most common issues homeowners encounter is having their roof damage claim denied. Insurance companies may argue that the damage was caused by wear and tear or pre-existing issues rather than by the covered event.
- Low Settlement Offers: Even when a claim is approved, insurance companies may offer an insufficient settlement to cover the full cost of repairs. This is particularly common when insurers calculate the value based on Actual Cash Value (ACV) rather than Replacement Cost Value (RCV). ACV considers depreciation, meaning the payout will be less than the cost of replacing the damaged materials. RCV pays for the actual cost of replacing the damaged roof with materials of similar quality without factoring in depreciation.
- Disputes Over the Cause of Damage: Insurance companies may dispute whether the damage was caused by a covered event, such as wind or hail, or long-term neglect or maintenance issues. This can lead to claim denials or reduced payouts.
Florida’s 25% Reroofing Rule as Modified by Florida Legislature’s SB 4-D
In May 2022, Florida’s 25% Roof Replacement Rule was eliminated and replaced with Senate Bill 4-D. The law initially stated that if more than 25% of the roof were damaged, the entire roof would need to be replaced to meet code requirements. SB 4-D states that as long as the rest of the roof complies with Florida’s 2007 building code, it only needs to be repaired.
This rule can be complex for roofing contractors, insurers, and homeowners. For instance, only homes with roofs constructed or replaced after March 1, 2009, fall under the new law. Homes that were built prior and have not had a roof replacement will need to replace the entire roof if more than 25% is damaged. Now, so long as the rest of the roof complies with the 2007 Florida Building Code or any subsequent versions of that code, a full roof replacement is not required. The homeowner is only required to have the part of their roof repaired or replaced brought up to the current version of the Florida Building Code.
If a roof was constructed before March 1, 2009, it is likely still governed by Florida’s 25% Roof Replacement Rule. However, if it was constructed after March 1, 2009, homeowners can now replace only the damaged parts of their roof instead of repairing the entire roof, resulting in less-costly roof repairs.
When to Contact a Florida Roof Damage Insurance Claim Lawyer
You should consider contacting a roof damage lawyer if:
- Your claim has been denied.
- You’ve received a settlement offer that doesn’t cover the full cost of repairs.
- Your insurance company is delaying payment.
- You’re unsure about your coverage or facing disputes over the cause of the damage.
Our insurance claim lawyers can help protect your rights and ensure you receive the compensation needed to repair your roof and safeguard your home.
How a Florida Roof Damage Claim Lawyer Can Help
Hiring a lawyer specializing in insurance claims can make a big difference if you face challenges with your roof damage claim. Here’s how Williams Law, P.A. can help:
- Review Your Insurance Policy: Our Florida insurance claim lawyers can review your homeowners’ insurance policy to ensure you understand your coverage and rights, including what’s covered under wind, hail, and hurricane damage.
- Assess the Damage: We will work with independent roofing contractors and damage experts to assess the full scope of the damage, ensuring the insurance adjuster does not overlook anything.
- Negotiate with Your Insurance Company: If your claim is denied or you receive a low settlement offer, an attorney can negotiate with the insurance company to secure a fair payout.
- File a Lawsuit if Necessary: If negotiations fail, we can sue the insurance company for acting in bad faith or failing to honor the terms of your policy.
Conclusion: Protect Your Home and Your Rights with Expert Legal Help
Filing a roof claim in Florida can be complex and frustrating, especially when insurance companies deny, delay, or underpay valid claims. That’s why working with an experienced Florida home insurance lawyer who can advocate for your rights and help you secure the compensation you deserve is essential.
At Williams Law, P.A., we are dedicated to helping homeowners navigate the complexities of roof claims and holding insurance companies accountable. Whether you’re dealing with a denied claim, a low settlement offer, or payment delays, our team is here to provide expert legal support.
Don’t let your insurance company leave you with a damaged roof and an unfair payout—contact us today for a free consultation, and let us help you get the compensation you need to restore your home. Call us at 1-800-451-6786 or fill out our online contact form.