Affordable roofing contractor after a storm: protect your claim

If you need an affordable roofing contractor after a Florida storm, the roofer's price is only one part of what the roof will cost you. Before any crew removes shingles or tiles, photograph the damage, report the claim to your insurer and read every contract before you sign it.

Step 1: Document the roof damage before anything is removed

Start with photos and video of the whole property before any repair work begins:

• Every slope of the roof you can safely photograph from the ground or a window
• Missing, lifted or cracked shingles and tiles, plus any debris in the yard
• Ceiling stains, wet insulation, attic decking and anything else damaged inside

When you can, keep damaged materials or samples, such as a few shingles or broken tiles. The Homeowner Claims Bill of Rights in section 627.7142, Florida Statutes, advises policyholders to keep the damaged property if feasible, keep all receipts, and take photographs or video of damage before and after any repairs to give to the insurer.

For more on contractor photos and reports, see whether a roofing contractor can help document storm damage.

Step 2: Prevent further damage and keep every receipt

Your duty to take reasonable steps to prevent further damage comes from your insurance policy. Read the section that lists your duties after a loss. The Homeowner Claims Bill of Rights does not create that duty. It advises you to make and document emergency repairs needed to prevent further damage.

That can mean a tarp over an opening or moving belongings away from leaks. Photograph the damage before the temporary repair and again after it.

Keep a folder for every receipt and invoice: tarps, fasteners, labor, equipment rental, hotel stays and anything else you pay for because of the damage.

Step 3: Report the claim promptly

Report the damage to your insurer as soon as you can, and follow the notice terms in your policy. The Bill of Rights advises you to file all claims directly with your insurance company. It also advises you to contact your insurer before signing any repair contract, to confirm any managed repair policy provisions or optional preferred vendors.

Florida also has an outer limit. Under section 627.70132, Florida Statutes, which applies to property insurance policies, including those from eligible surplus lines insurers, a claim or reopened claim is barred unless notice was given under the policy terms within 1 year after the date of loss. A supplemental claim must be noticed within 18 months after the date of loss. These limits are tolled during a deployment to a combat zone or combat support posting that materially affects a named insured servicemember's ability to file. For hurricanes, windstorms, severe rain and other weather events, the date of loss is the date of landfall or the date the event is verified by the National Oceanic and Atmospheric Administration.

Step 4: Read the roofing contract before you sign

Before you sign a contract, work authorization or direct-pay form, check the scope of work, materials, total price, payment schedule and who gets paid by whom.

The Bill of Rights advises you to:

• Carefully read any contract that requires out-of-pocket payment or a fee based on a percentage of your insurance proceeds
• Confirm the contractor is licensed to do business in Florida through the Florida Department of Business and Professional Regulation, and ask for references
• Require proof of insurance before repairs begin

If a document mentions your insurance benefits, insurance proceeds, direct payment from your insurer, or dealing with your insurer for you, ask a lawyer before you sign. You can also read about whether roofing contractors can negotiate insurance claims in Florida.

What your insurer must do, and when

Section 627.70131, Florida Statutes, applies to residential property insurers, including surplus lines insurers providing residential coverage. It requires the insurer to:

• Acknowledge your communication within 7 calendar days, unless it pays within that time or the delay is caused by factors beyond its control. This acknowledgment rule does not apply to claimants represented by counsel, beyond communications needed to provide forms and instructions.
• Begin its investigation within 7 days after receiving proof-of-loss statements, unless the policy or law provides otherwise or factors beyond its control cause the delay.
• Conduct any physical inspection within 30 days after receiving proof-of-loss statements. The adjuster must give you a document with his or her name and state adjuster license number.
• Send you any detailed estimate within 7 days after its adjuster generates it. The insurer is not required to create one if it is not reasonably necessary.
• Pay or deny the claim, or a portion of it, within 60 days after receiving notice, unless factors beyond its control cause the failure to pay. This rule covers claims under policies providing residential coverage and certain smaller commercial policies described in the statute. The insurer must give a reasonable written explanation of the basis for its decision.

These requirements are tolled in two situations under s. 627.70131(8), Fla. Stat. First, during any mediation under section 627.7015 or alternative dispute resolution provided in the policy, until it ends. Second, if you or your representative do not provide material claims information the insurer requested within 10 days after receiving the request, until the insurer receives it. That second tolling applies only to requests sent at least 15 days before the insurer must pay or deny the claim.

When to talk to a lawyer

Consider talking to a lawyer if your insurer denies the claim, misses the timeframes above, pays less than its own detailed estimate, or makes a partial payment you do not understand. If the insurer pays less than its detailed estimate, s. 627.70131(7)(a), Fla. Stat., requires a reasonable written explanation of the difference. A lawyer can also review a contract before you sign it, explain mediation options under section 627.7015, Florida Statutes, and explain the presuit notice required by section 627.70152, Florida Statutes, before filing most suits under a residential or commercial property insurance policy; the statute provides an exception for counterclaims.

Frequently Asked Questions

Does hiring a cheaper roofer change what my insurance pays?

Your policy, not the contractor's price, decides what is covered. What you can control is the record you build: photos and video taken before work begins, saved damaged materials, a detailed written estimate, and receipts for every expense.

How long do I have to report roof damage in Florida?

Report it promptly under your policy terms. Under section 627.70132, a claim or reopened claim is barred unless notice is given within 1 year after the date of loss, and a supplemental claim within 18 months, with tolling for certain servicemembers deployed to combat zones.

Can I make repairs before the adjuster comes?

The Bill of Rights advises making and documenting emergency repairs needed to prevent further damage. Photograph the damage before and after, keep receipts and keep damaged materials if feasible. Check your policy and ask your insurer before permanent repairs begin.

What if my insurer paid only part of the roof?

The insurer must explain in writing the basis for any payment, denial or partial denial. If it pays less than its own detailed estimate, it must explain the difference in writing. Keep that explanation with your photos and estimates.

Talk to Louis Law Group

If your roof claim was denied, delayed or underpaid, or a contractor's paperwork mentions your insurance benefits, Louis Law Group can review your situation. Louis Law Group is a law firm and does not perform roofing or repair work. See if you qualify or call (833) 657-4812. Our office is at 12 SE 7th St Ste 805, Fort Lauderdale, FL 33301.

This article is general information, not legal advice.