Temporary Roof Leak Repair in Florida: Photograph Before You Patch

A wet-surface roof cement or patch product can serve as a temporary roof leak repair while you wait for a permanent fix. In Florida, a temporary step like this may be what your policy expects of you after a loss. Before any patch goes on, take photos and video of the roof and the leak. Once the patch covers the damaged spot, those images may be the clearest record of what the damage looked like and what caused it.

Before the patch goes on: an evidence pass

Roof cement covers whatever is underneath it. If the insurer later questions whether the leak came from storm damage or from age and wear and tear, the area you patched can no longer show its original condition. Your camera can.

Before you patch:

• Shoot a slow video walkthrough. Start inside at the wet ceiling or dripping spot, then go outside and show the roof area above it, but only if you can do that safely.
• Take close-ups of the opening. Get the cracked flashing, lifted shingle, split seam or broken tile from more than one angle, with a coin or tape measure in the frame for scale.
• Record the conditions. Note the date and time you found the leak and the weather that day or the day before.
• Save the pieces. If a shingle, tile or chunk of wet drywall comes loose, bag it and label it.

Never climb onto a wet or storm-damaged roof if it is unsafe. Photos taken from the ground or a ladder still help.

Patching the leak without losing the paper trail

Whatever roof patch product you use, read its label first and confirm it is meant for your type of roof and for wet conditions. If you are unsure, ask a licensed roofer. A temporary patch is meant to slow the water, not to replace a roofing repair. On a larger opening, a tarp may do more good than cement.

As you work, build a simple file:

• The store receipt for the patch product, tarp, buckets, fans or any dehumidifier
• Any invoice for emergency labor
• "After" photos of the finished patch and of the room below
• A short written note of what you did and when

The Homeowner Claims Bill of Rights in section 627.7142, Florida Statutes, advises policyholders to make and document emergency repairs that are necessary to prevent further damage. It also advises keeping the damaged property if feasible, keeping all receipts, and taking photographs or video of the damage before and after any repairs to provide to the insurer.

Where the duty to mitigate comes from

The Bill of Rights advises you to make emergency repairs. It does not require them. Insurers issuing personal lines residential property policies in Florida must give you this document within 14 days after receiving your first communication about a claim. By its own terms, it does not create a civil cause of action, and it does not enlarge or modify statutory requirements.

Any requirement that you take reasonable steps to protect the property from further damage comes from your insurance policy. Look for a section titled "Duties After Loss" or something similar. A documented temporary patch, plus receipts, helps show you took reasonable steps. It does not decide coverage on its own.

When a roofer hands you paperwork

When a roofer or contractor arrives for the permanent repair, you may be asked to sign a contract, a work authorization or a form about payment from your insurer. Read every page before you sign it.

The Bill of Rights advises you to:

• Contact your insurance company before entering into any contract for repairs to confirm any managed repair policy provisions or optional preferred vendors.
• Carefully read any contract that requires you to pay out-of-pocket expenses or a fee based on a percentage of the insurance proceeds you will receive.
• Confirm the contractor is licensed to do business in Florida and require proof of insurance before repairs begin.

If a document mentions your insurance benefits, your claim payment or anyone dealing with your insurer for you, have a lawyer review it first.

How the insurer's clock runs in Florida

Report the leak as soon as you can, following the notice terms in your policy. Under s. 627.70132(2), Fla. Stat., which covers property insurance policies including those from eligible surplus lines insurers, a claim or reopened claim is barred unless notice was given in accordance with the policy terms within 1 year after the date of loss. For a supplemental claim, the deadline is 18 months. Both limits are tolled during combat zone deployment that materially affects a servicemember named insured's ability to file.

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

• Acknowledge your claim communication within 7 calendar days, unless it pays within that time or factors beyond its control cause the failure. This acknowledgment rule does not apply to claimants represented by counsel, beyond communications necessary to provide forms and instructions.
• Begin a reasonably necessary investigation within 7 days after receiving proof-of-loss statements, unless the policy or law provides otherwise or factors beyond its control prevent it. Any physical inspection must happen within 30 days after it receives those statements.
• Send you any detailed estimate within 7 days after its adjuster generates it.
• 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, and explain the decision in writing.

These deadlines are tolled during mediation under s. 627.7015 or contractual alternative dispute resolution. They are also tolled if you do not provide requested material claims information within 10 days, but only for requests sent at least 15 days before the pay-or-deny deadline.

Signs the claim needs a lawyer's review

Consider speaking with a lawyer if:

• The insurer denies the claim as wear and tear even though your photos show fresh damage.
• A deadline above passes without any explanation.
• The payment is less than the insurer's own detailed estimate and the written explanation does not make sense to you.
• Someone asks you to sign papers that touch your insurance benefits.

For more on roof claims in the state, see this Florida roof leak insurance claim guide.

Frequently Asked Questions

Can I patch the roof before the adjuster inspects it?

The Bill of Rights advises making and documenting emergency repairs that are necessary to prevent further damage. Photograph and video everything first, then patch. Save permanent repairs for after you have talked with your insurer.

Does patching the roof myself hurt my claim?

A documented temporary patch helps show you took steps to limit further damage. The before photos are what preserve the evidence of the original damage.

Should I keep the receipt for a single can of roof cement?

Yes. The Bill of Rights advises keeping all receipts. Small purchases still show what you spent to protect the property.

What if the insurer asks for more information?

Respond quickly and keep a copy. Not providing requested material information within 10 days can toll the insurer's deadlines.

Talk to Louis Law Group

If your roof leak claim was denied, delayed or underpaid after you documented and patched the damage, Louis Law Group can review your policy and the insurer's decision. 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.