Storm / Hurricane / Wind Damage

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Legal Assistance for Property Damages Caused by Calamities

What to Do If Your Wind Damage Claim Is Denied in Florida

Florida is subjected to frequent seasonal storms, and these storms almost always arrive with damaging winds. Your home may protect you, but often that comes at a price. Roof wind repair and replacement is one of the most costly undertakings of homeownership.

However, you did the right thing by purchasing homeowners insurance ahead of time. Rightfully, you now expect the insurance company to honor your policy and fix your roof. But what if your wind damage claim was denied by your insurance company? Why did it deny the wind damage claim, and what can you do now? The Lady Law Group is here to show you how to get the insurance benefits you deserve.

Why Are Wind Damage Claims Denied?

There are several reasons why an insurance company might deny wind damage claims.

  • Normal Wear and Tear and Age

    Insurance companies will only pay for storm damage insurance claims related to wind. Therefore, if you have an older roof, the insurance company may deny your claim because the roof’s condition is due to normal progression of time and usual environmental factors. Insurance companies want to avoid paying on otherwise valid claims if the damage can be attributed to other causes, such as wear and tear and age.

  • Substandard Workmanship

    An insurance company may acknowledge the wind damage but then tell you that it will not pay the claim because the damage was actually caused by substandard material or workmanship and not the wind event itself. It can also say that any installation or later repairs were deficient and therefore it was the deficient installation and repair that resulted in the roof damage. The insurer will claim that if the work had been done right, the wind would not have damaged the roof.

  • Damages Is Cosmetic

    The insurance company may deny the claim because the damage does not impact the integrity of the roof. Therefore, the roof, while not pretty, can still perform its essential functions.

  • Procedural Problems

    Insurance companies are experts at finding loopholes that will allow them to avoid paying your claim. For example, your insurer may deny your claim if:

    • You have not paid your policy premiums;
    • The wind damage is beyond the scope of your policy’s coverage;
    • The wind damage estimated is below the policy deductible; or
    • You missed the deadline to file your claim.

Many of these reasons may justify the insurance company in denying your claim, but if you feel the denial was unfair, it may be time to talk to a Florida hurricane insurance claims attorney.

How To Fight A Denied Claim

The insurance company is required to provide you with a written statement detailing the reasons for your claim denial. If you have not received this letter, contact your insurance company and ask for it. Knowing the reasons for denial can significantly help you with your claim appeal.

After denial of your claim, you need to first appeal it with the insurance company.

The following is a straightforward guide on how to best construct your appeal:

  • 1 Make sure all your communications are in writing. If your communications are by phone, try to follow up with an email memorializing your phone call.
  • 2 Write down the name and contact information of all insurance company personnel you speak with.
  • 3 As soon as possible, request a reinspection of your roof by the insurance company. They should do this as part of the appeals process.
  • 4 Hire your own certified contractor (preferably with storm damage experience) to do their own roof inspection. The contractor should also try to attend the reinspection by the insurance company.
  • 5 Take photos and videos of your roof, and make sure that they have a digital date stamp. Also, take photos of the wind damage from multiple angles. Finally, if you have photos or videos from prior to the storm, include those too.
  • 6 Save all your receipts, invoices, and reports related to the wind damage.

Insurance companies are very wary of fraud.

Therefore, claims are often denied because there is a lack of evidence supporting the claim. Accordingly, make sure to provide as much evidence as possible to the insurance company.

Experienced Lawyers Can Help Protect Your Home Investment

The Lady Law Group has years of experience in wind damage claims and denials. We know the common loopholes insurance companies use to deny claims, and we know how they think. We also know how to construct a winning insurance appeal. Contact us today to see how we can help protect your investment in your home.

Jennifer Pena