How to Seek Maximum Compensation for Leaking Roof Lawsuit in 2024

When you notice stains or molds on your ceiling, chances are you have a roof leak. One of the usual reasons for roof leaks is the poor installation of numerous aspects of a building. Unfortunately, if you don’t have it repaired, the leaking will only get worse – and expensive. Improper installations and subpar constructions are responsible for a wide range of causes that result in water damage. This includes faulty pipes, leaking roofs, land grading, and more. If your house or building’s leaking roof is causing disruption to your day-to-day life, you can file a claim against the insurance company or file a leaking roof lawsuit to help you get compensation for all the losses and injuries you suffered. Just make sure to keep all the invoices and receipts of leaking roof repairs to help substantiate your claims for loss and damages. This will also help prove to your insurance company that you are doing your best to maintain the roof and prevent further damage.

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Types of roof damage covered by homeowners insurance

The dwelling coverage portion of your homeowner’s insurance covers the house structure, including the roof. The type of roof damage covered by your leaking roof lawsuit claim depends on the policy’s terms and why your roof needs to be repaired or replaced. Generally, the insurance policy covers issues that are sudden or accidental and caused by certain events such as hail, fire, wind, or the weight of snow.

In some leaking roof claims, the roof’s lifespan is shortened because of the damages. Your insurer may cover the cost of replacing the entire roof even if it’s only partially damaged. For instance, if a homeowner has asphalt shingles damaged by hail strikes, an adjuster would count the total strikes that occurred in a section to regulate the impact on the lifespan of the roof. If there are enough strikes, the roof lifespan is deemed substantially impacted, which means the roofing needs to be replaced.

Even if a roof is not taking in the water right now, the erosion or strikes compromise the lifespan of the roof. Thus, your roof will not last as long as it should and must be replaced.

If the materials to fix your roof are unavailable, the insurance company will replace your entire roof. For instance, if you have slate tile that you can’t get anymore, you may have to replace the entire roof to ensure the materials match.

Home insurance companies in the past years have been walloped by numerous expensive roof claims. To combat this, many home insurers have implemented different coverage levels for wind and hail damage versus roof damage from other causes. You might find that:

  • You can buy only “actual cash value” coverage for wind and hail damage if your roof is too old to qualify for replacement value coverage. Your insurance reimbursement will be based on the depreciated value of the roof at the time of the damage. This will take into account the age of the roof and its materials. The upshot is that you could get substantially less money than you need to replace the roof. Therefore, you’ll have to pay the difference.
  • If your roof is newer and in good shape, you may be able to buy roof replacement cost coverage. This will pay you the full amount to get a new roof.

Since it is your responsibility to maintain your home, policies don’t cover damage caused by the lack of maintenance. Therefore, repairing your roof due to wear and tear or replacing it because its lifespan is over will not entitle you to compensation from the insurance company. 

Lack of maintenance could also come back to bite you after a storm. For example, if your roof was old or not well-maintained before the storm, you will have trouble getting the full reimbursement.

Homeowner’s insurance does not cover damage caused by floods or earthquakes, such as roof damage. So, if you live in an area at risk of these disasters, it’s better to consider getting earthquake insurance or flood insurance instead.

Tips for filing a roof claim

Here are five tips to keep in mind when filing a roof damage claim.

The first step to getting a fair leaking roof settlement is understanding your policy and the scope or coverage. There is no point fighting for coverage that you never had. For instance, is the roof damage actually covered, or did you choose to exclude wind and hail damage? Is your coverage for replacement cost or actual cash value?

If you find that there is roof damage from a storm, you must inspect your entire home, not only the roof. In addition, you will want to know the scope of the damage when you contact your insurer to start a claim.

Get an estimate for the repair based on what you had, not how you want to change things. Therefore, it is better not to rely on the adjuster to determine the repair cost of the roof. Instead, get a written estimate with a roofing company’s letterhead and the company’s contact information.

Time plays an important role when dealing with a roof claim. The longer a roof sits with damage, the more weather and dirt it receives. This might make it less obvious to see the damage since it could look like wear and tear.

Keep records from the start, including photos, who you spoke to and when, and what they told you. 

What starts as a seemingly simple leaking roof lawsuit could blow up into a nightmare if you don’t hire professional lawyers who have experience handling such cases. So, hire only the right leaking roof attorney to guide you through the process of filing.

What to do if you have roof damage?

Whenever there’s roof damage, it’s crucial to protect your home from further damage. Preventing further damage when possible is often a requirement in homeowner’s policies, and further damage may not be covered. Discuss your case with the top leaking roof lawyers to know more about what you should and shouldn’t do as you prepare to make a claim.

Don’t let the insurance company boss you around. Remember that insurance companies are a business and may not have your best interests in mind when it comes to paying out roof damage claims. Nonetheless, convincing them with substantial proof will help you get a fair leaking roof lawsuit settlement without any hassle.

Don’t get multiple estimates. If you get multiple estimates, your insurance company will want to see all of them and may only accept the lowest one. The lowest estimate may not be the best quality.

Consider getting roofing materials that can get you an insurance discount. Research materials that will be more durable than your past roof. Your insurance company might be willing to offer a discount for impact-resistant roofing. Check with the insurer on roof material discounts before you make a final pick.

Know that you are entitled to fair trade pricing. Therefore, ensure you have a solid repair estimate. 

Finally, it doesn’t matter whether you have a large or complicated claim – consider hiring a skilled and experienced leaking roof attorney to work on your behalf.

Why hire Ethen Ostroff Law?

To help establish and prove your leaking roof lawsuit, the victim needs the support and assistance of a reliable lawyer. Ethen Ostroff Law can provide you with the best references to top leaking roof lawyers in Philadelphia who can help prove your claim or win your lawsuit. Call 610-510-8883 or contact us online to schedule a free consultation today.

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