Do You Need a Lawyer for Your Hail Damage Insurance Claim in Florida?

Understanding Florida’s Insurance Environment

Hailstorms may not grab headlines like hurricanes do, but they can cause severe property damage, especially to roofs, siding, windows, and outdoor structures. In Florida, hail can strike quickly, leaving behind thousands of dollars in repairs. Unfortunately, many homeowners who file insurance claims for hail damage often encounter resistance in the form of denials, delays, or lowball settlements.

So why does this happen? Below, we break down the most common reasons why hail damage claims get denied or underpaid in Florida—and what policyholders can do to fight back.

High Risk for Storm-Related Claims

Florida is no stranger to severe weather—hurricanes and powerful thunderstorms often bring significant hail, which can cause property damage to roofs, windows, and siding. These frequent storms can lead to a higher volume of insurance claims, sometimes prompting insurers to scrutinize claims more closely.

Policy Nuances and Exclusions

Homeowners’ insurance policies can vary widely, and some have restrictive language regarding wind and hail damage. Reviewing your policy’s declarations, endorsements, and exclusions is critical in determining whether hail damage is fully covered. If you encounter confusing or contradictory policy terms, consulting an attorney may clarify your coverage.

Do Standard Home Insurance Policies Cover Hail Damage?

Yes, most standard homeowners’ insurance policies cover hail damage. However, the extent of coverage depends on the specific terms and conditions of your policy. Typically, hail damage is covered under the dwelling protection portion of the policy, which includes damage to the structure of your home, such as:

• Roof
• Siding
• Windows
• Exterior fixtures

If hail damage causes further issues, such as water damage from a compromised roof, this may also be covered if you act quickly to prevent additional harm.

Why Hail Damage Claims Get Denied or Underpaid

Insurance companies in Florida are notorious for denying or undervaluing property damage claims—especially when the damage isn’t immediately catastrophic. Common tactics insurers use include:

• Claiming the damage is “cosmetic” or “wear and tear”

• Saying the roof was already old or in poor condition before the hailstorm

• Disputing the date of loss or whether hail caused the damage at all

• Delaying the inspection or response time beyond what’s reasonable

When these issues arise, it’s often in your best interest to consult a property insurance lawyer who can fight to get your complete claim paid.

What Does Hail Damage Look Like on a Roof?

Hail damage to your roof isn’t always easy to spot. If the hail is large enough (1” in diameter or bigger), you will most likely see dents/dings on your shingles. But just because your roof doesn’t have large dents in the shingles doesn’t mean you won’t have hail damage. Additional signs of hail damage to your roof include dings, dents, and splatter marks on your roof vents, gutters, roof flashing, and other roof penetrations.

1. Document the Damage

• When it’s safe, take extensive photographs of the damage to your home from the ground. You should also review your insurance policy to know what to expect and what questions to ask.
• Do not start repairs. Cover the damage with a tarp to protect your home while the claim is processed.

2. File a Claim

• When you file a claim, you request that your insurance company pay for home repairs based on the policy coverage.
• Your insurance company will send an adjuster to assess your home or roof damage. If this adjuster determines that your damage is only cosmetic, your policy will likely not cover the repair costs for the damaged shingles.

Remember, insurance companies are businesses that make substantial profits by denying claims. A new roof is a significant expense, even with you paying a portion of the costs through your deductible. So, if they can find any excuse to avoid their responsibility to pay, they will take it.

Tips to Ensure Adequate Hail Damage Coverage

• Review Your Policy: Understand what is and isn’t covered. Ask your insurance agent about exclusions or limitations related to hail damage.
• Upgrade Your Roof: If your roof is old or damaged, consider replacing it with impact-resistant materials, which may also qualify you for a premium discount.
• Maintain Your Property: Regular maintenance can reduce the likelihood of denied claims due to poor upkeep.
• Add Endorsements: In hail-prone areas, adding endorsements or riders to your policy can provide extra protection.

The Role of an Attorney in Hail Damage Claims

• Policy Review & Advice: An attorney can analyze your policy, identify coverage gaps or relevant endorsements, and offer strategic guidance on filing or appealing a claim.
• Evidence Gathering & Evaluation: Lawyers often work with roofers, contractors, or independent adjusters to assess the full extent of hail damage. These experts can provide valuable reports and testimony to support your claim.
• Negotiation with the Insurer: Legal representation can level the playing field if you face seasoned insurance adjusters. Attorneys are well-versed in the nuances of Florida insurance law and can effectively advocate for a fair settlement.
• Litigation & Trial: If negotiations fail, a lawyer can file a lawsuit on your behalf. This might include a bad faith claim if the insurer’s conduct meets Florida’s threshold for unreasonable or malicious claim handling.

Has your Hail Claim Been Denied or Underpaid in Florida?