Storm damage or old age: the most common roof fight

The most common storm dispute is simple to state. You say the storm damaged the roof. The insurer says the roof was just old. Most policies cover sudden wind and hail damage. Most exclude wear and tear.

Proof decides it. These records help:

• The date of the storm, and weather reports of hail or high winds at your address that day.
• Photos of the roof, siding, gutters, window screens and car from right after the storm.
• Older photos, inspection reports or a home sale report that show the roof before the storm.
• Dents on soft metals like gutters, vents and downspouts. Hail often leaves marks there.
• A written report from a roofer or engineer you choose.

Tornado and wind damage

Tornadoes and straight-line winds can cause total losses. A Missouri law applies to some total losses of a building. When a covered peril totally destroys real property, the insurer’s liability is the amount the property was insured for, less the deductible (RSMo 379.140).

That law has many exceptions. It does not apply to partial losses, to replacement cost coverage, to detached structures, to property covered by two or more policies, and other cases. Read it with your policy before you rely on it.

For a partial loss, the normal rules of your policy apply. See underpaid insurance claims for how actual cash value and depreciation work.

Matching: when a repair will not match

Hail may damage one side of a roof. New shingles may not match the old ones. The same can happen with siding. You may want the whole surface replaced. The insurer may offer to fix only the damaged part.

Whether your policy pays to make repairs match depends on the policy wording and the facts. Some policies speak to it directly. Some do not. Ask the adjuster in writing how the policy treats matching for your claim, and why.

If you and the insurer agree the loss is covered but disagree on how much work is needed, the appraisal clause may help.

Storm contractors and Missouri’s roofing law

After a big storm, contractors knock on doors. Many do good work. Missouri law sets rules for roofing and exterior contractors on insurance jobs (RSMo 407.725):

• If the insurer tells you in writing that all or part of the claim is not covered, you can cancel the contract before midnight on the fifth business day after you get that notice.
• The contractor must give you a written notice of that right, with a cancellation form.
• The contractor cannot promise to pay or rebate your deductible to get your business.
• The contractor cannot negotiate your insurance claim for you.

You still owe your deductible. A deal that waives it is not allowed.

What to do after a storm

1. Stay safe. Then photograph and video all damage, inside and out, with the date.
2. Cover open areas with tarps to prevent more damage. Keep receipts.
3. Report the claim and write down the claim number.
4. Keep damaged pieces, like a few shingles or a dented gutter, until the insurer has seen them.
5. Get your full policy and check your wind and hail deductible. Some are a percentage of the home’s coverage.
6. Get your own roofer’s written estimate before you agree to the insurer’s scope.
7. Read any contract carefully before you sign. Keep the cancellation notice.

Harjot Singh Padda, JD can compare the insurer’s estimate with your roofer’s and explain your options.

Common questions

Related reading

• Property insurance claims overview
• Underpaid insurance claims
• Insurance appraisal clause
• Real estate litigation