Enduring a hail storm can be stressful. Dealing with insurance and knowing what to do is confusing. Below, we have laid out four steps to filing a hail damage claim.

Steps to Filing a Hail Damage Claim

Many times, an insurance company will offer you less than your hail damage claim is worth. We have experience dealing with insurance companies. If you need help to get the full value of your hail claim, please contact us today!

Technically speaking and traditional experience would facilitate that the usual answer is “no.” But traditional experience and technical legal language aren’t always accurate. I’ll explain more in a moment and it may not be the answer that you’re expecting. Let’s begin with traditional experience.Most insurance companies do not raise premiums or deductibles for “individuals” for filing a claim due to hail or wind damage. It is considered an Act of God or Nature. It is not the same as an auto accident. If you think about it, it’s not like you can pick up your house and move it to avoid being hit by hail or hurricane force winds. There is a reason why we pay for those insurance premiums year after year- to have coverage when we need it.

Will Filing a Hail Claim Affect My Premiums?

There are some insurance companies that offer special discounts for not filing claims over a certain period of time. Overall, the following information will help you decide if filing and insurance claim on your roof for hail damage is right for you. One of the items that I’d like to quickly mention that is if you have actual legitimate hail damage, other areas on your property may need to be repaired or replaced.

Guttering that is made of aluminum is susceptible to hail impacts and are often times replaced after a hailstorm with large hail stones. Currently most insurance companies replace gutters that have cosmetic damage. However I hear rumblings from the insurance restoration industry of soon coming changes in regards to cosmetic damage. Window screens are consistently damaged from hail stones that are on the windward side of the storm. You wouldn’t expect to see damage to window screens on the leeward side of a thunderstorm. The exterior paint job in a large hail storm may have been impacted. The stones will actually crack the paint and bruise the siding or wood on the property. Outdoor furniture and playground equipment can be negatively impacted from large hail and if the insurance policy language has coverage for this it may be beneficial to file a claim when you begin to see all of the areas that may have been damaged from the hail. Some of these items can be safely inspected from the ground.If you begin to see a lot of damage at ground level there’s a reasonable argument for roof damage. I’d recommend that the roof be inspected before filing a claim.

Can rates increase for a geographical area?

While they do not directly increase your premium or deductible individually for filing a claim, if there has been a catastrophic event or series of events in your area in which many claims are filed, historically insurance companies have been known to raise deductibles over the entire area upon renewals to recoup their losses. Generally speaking, premiums increase in a geographical area after large hail events even if you don’t file a claim. A friend from another state saw this after Hurricane Ike and they witnessed some policy premiums increasing up to 20%  with a spike in the insurance deductibles as well. Insurance companies do need to keep a healthy bottom line to be strong and viable companies, and this is one way they can protect their bottom line without penalizing clients in low risk areas.

What should I do as a homeowner?

What does this mean to me as a homeowner? Well, if you are the owner of a home in an area that was hit by hail or strong damaging winds and you see quite a few neighbors getting roofs replaced, chances are you need to have yours inspected. The roof system is designed to shed water to the eave of the roof where it is deposited into a gutter or falls to the ground. Functional damage is when the roofs water shedding capabilities are diminished to where the roof system is no longer able to completely do what it was designed to do. Additionally, if a roof system experiences a significant loss of life expectancy, then the system’s primary function has been compromised and needs to be repaired or replaced. If a roof truly has functional damage it would not only be appropriate, but advantageous to file a claim with your insurance carrier. The only issue a home owner may have is knowing whether or not the roof is actually damaged. Certainly, if the shingles are not damaged from the hailstorm I’d advise against filing the claim. If you have damage and a claim is filed the vast majority of insurance companies will not punish you for doing so. The chances are that your deductible or premium could go up anyway because of your proximity to the location of the storm whether or not you file a claim.

There is a window of opportunity in which to act, so if you are in an area hit by a recent hail storm, it is a good idea to call for a free inspection as soon as possible.  If you need help with your hail damage claim, please contact us today.

If your insurance company won’t pay you enough to settle your homeowners hail damage claim, you might have to file a lawsuit. This is often called a “bad faith” claim. Bad faith insurance claims can result in various types hail claim lawsuit damages for plaintiffs. These damages can vary from claim to claim, depending on factors like (but not limited to) the nature of:

• The original claim filed with the insurance company
• The act(s) of bad faith committed by the insurer
• The losses the policyholder suffered due to the bad faith practice(s).

Hail Claim Lawsuit Damages: Compensatory Damages 

Compensatory damages refer to the awards granted to cover the losses suffered as a result of:

• A covered disaster or event (i.e., the “actual” damages to the covered property).
• The acts of bad faith.

For property damage claims – like windstorm or hail damage claims, compensatory damages can include (and may not be limited to) awards to cover the costs of:

• Contractor estimates
• Construction labor and material costs
• Relocation costs (for property owners)
• Future repairs (when related to the original damage)
• Lost wages.

In addition to these economic damages, Texas laws allow recovery for attorney fees. This means that an insurance company acted in bad faith, they are legally responsible to pay for:

• The repairs necessary to restore the property damage (caused by the covered event)
• The contractor’s fees, including overhead expenses
• Reasonable and necessary attorney’s fees (related to resolving the bad faith claim).

Hail Claim Lawsuit Damages: Punitive Damages 

Punitive damages can also be available for some bad faith claims practices in Texas. Also referred to as exemplary damages, punitive damages are meant to punish an insurance company for the bad faith conduct (rather than repay the insured for the losses (s)he sustained).

Though rare, punitive damages can:

• Be awarded when an especially malicious, fraudulent, negligent or criminal act is associated with a particular claim or when an insurance company has a history of acting in bad faith
• Significantly increase the value of a claim
• Serve as powerful leverage for getting insurance companies to fairly settle claims – If an insurer knows there’s a possibility of punitive damages being awarded by a jury, it can be far more willing to settle pretrial (to try to avoid paying out higher jury awards that could include punitive damages).

It’s important to understand that Texas law does place a cap on the available punitive damages. Specifically, Texas law dictates that:

Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of:

1. Two times the amount of economic damages plus an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or
2. $200,000.

An attorney can explain how this cap may apply to your potential claim and what you need to do position your bad faith insurance claim for success.

If you need an attorney to help fight for you, please contact us today.

Hail Damage Roof Attorney

Whenever there’s a hail storm in Texas, insurance companies get bombarded with claims. Generally, your insurance company will pay you as little as possible to make you go away. How do you know you are getting fair compensation for your hail damaged roof? It’s important to consult a hail damage roof attorney before you settle your claim.

1) Do your homework and get educated about your coverage and any potential costs prior to contacting the insurance company. Locate and carefully read your Homeowner’s Insurance Declaration pages regarding your coverage especially the replacement coverage articles.

2) Prior to anyone getting on your roof, other than the insurance adjuster (with proper credentials), obtain a current workers compensation and general liability certificate. These coverages should then be verified with the listed insurance agent. If anyone is injured on your property, you are liable without this protection!

3) Contact your insurance company and let them know of any damages (hail or wind) that you think you may have incurred.  Regardless of what any contractor tells you, your insurance company must approve your claim for a hail damaged roof.

4) Go ahead and get one or two detailed proposals for replacing your roof. Make sure you only contact State Licensed Contractors in the state where your home is located. And they should be certified by the roofing product manufacturer and listed on the manufacturer’s website as such. Be sure to check all contractor credibility through sources such as: Kudzu.com, AngiesList.com and the Better Business Bureau.

5) Never sign any agreement that allows a contractor to act as your representative to file an insurance claim or receive an insurance payment. Never sign any agreement that states that a contractor will install your new roof for whatever the insurance company will pay.

6) Schedule a time to personally meet with your insurance adjuster. Make sure the adjuster thoroughly inspects your roof for not only suspected damage but any other damage. Provide the adjuster with your preferred contractor’s detailed written proposal. Your insurance adjuster will provide you with a report detailing all of their expenditures for your claim amount.

7) Provide the insurance companies report to your contractor for their review to insure that the quantities of material and the complete replacement value are correct. The contractor can help you determine if you need if you need subrogation from your insurance company. This can usually be done with a phone call between the insurance adjuster and your contractor. This should be the only time your contractor should speak with the insurance adjuster on your behalf. The insurance adjuster will notify you of any changes to your claim.

8) Remember your homeowner’s insurance adjuster is the only person that can approve an insurance claim. You are in control of the contractor that performs any work on your home. DO NOT give any contractor any money up front for a roof replacement. Any reputable company can over the costs of material and labor until the job is complete. Make sure the insurance company makes the claim check payable to you and not your contractor.

Please contact a competent hail damage roof attorney today to make sure you get the full value of your claim. We would love to help you.

Hurricane Harvey and Irma Roof Damage 

Hurricane Harvey and Irma left a lot of damage in its wake as they blew through the Houston, Rockport and Port Aransas areas as well as other areas in the United States.  The storms brought heavy winds and rain, which is  always expected with hurricanes and tropical storms.  Hopefully your home did not sustain roof damage and other structural damage.  But if it did, our attorneys are standing by to help you with any issues you may have encountered with your insurance company and the insurance claim process.  We are currently helping those who suffered Hurricane Harvey and Irma Roof Damage.  We are righting the wrongs of the insurance companies who are lowballing on roofs.  Please call us soon because there are time limits in which you have to act.

During a major storm, there are numerous ways your roof can become heavily damaged. Flying debris, falling tree limbs, heavy winds that can rip off shingles, and the possibility of hail damage are just some of the main concerns.  If your roof was on its last leg, then chances are it sustained some type of roof damage, even severe roof damage.   

The peak of hurricane season has ended this year.  But, that does not mean you are clear of winter storms, flying debris, and heavy winds.  As the cold fronts begin to blow in, you must brace for the typical Texas weather, which is unpredictable.  October and November sometimes brings cooler weather and other times it can be really hot. It’s a climatic see-saw. As Texans, we have learned to live the ever changing weather.   

When you see or even suspect your roof is damaged, call your insurance company right away.  The worst thing you can do is delay and wait days to contact help for your home’s roof.  Hurricane Harvey and Irma Roof Damage is not always obvious or visible from the ground.  If your roof is leaking or you see missing tiles, shingles, slate or panels, an inspection is needed now.   

Remember, many insurance companies would love nothing more than to deny your home insurance claim due to your failure to mitigate damages.  By you delaying to get the home’s roof inspected and repaired can be cause for an insurance denial. 

If you believe your insurance company has wrongfully denied your claim or offered an unacceptable payout, please contact us today at 1-888-724-HAIL (4245) for San Antonio Hail Damage Legal Help.