Common Questions, Myths, and Misunderstandings

First, as stated throughout this website, there is no charge ever for a call to consult on your possible claim. 

If, after consultation, it appears that you do need to engage an attorney, our retainer agreement provides that we only get paid if we successfully get the insurance company to pay your claim. If I do not secure payment for your claim, I do not get paid. It’s that simple.

The fees we get paid are a percentage of the total gross amount we recover for you from the insurance company. The percentage generally runs between 20% to 35%, depending on a number of factors, including the length of time we are working on your claim, and the complexity of your case. 

Ultimately, roofing cases boil down to one thing, is there clear evidence of damage from a storm event during the policy period. If so, you likely have a valid claim, no matter what the insurance company’s hired “expert” tries to tell you.

Most roofers are not going to waste their time with a claim, if they do not have clear evidence of storm related damage in their photographs. 

You will find that Insurance Adjusters can look at the same photos and will twist and turn any way they can to say that the damage was caused by anything (mechanical damage, negligent maintenance, aliens etc.) to avoid admitting the damage was caused by a storm event. 

Possibly. In my opinion, insurance companies are always looking for a way to raise rates, to the degree that it will be allowed by the Office of Insurance Regulation. That being said, you purchase insurance for a reason. If you are not going to pursue a claim, when you have a valid loss, then why are you throwing money away on an insurance policy?

Wrong. From day one, with every question asked, and every piece of information you supply, the adjuster is actively looking for a reason to not pay your claim. They are not your friend, and they are not “on your side.” They may sympathize with you, and they may even be nice, but their job is to find any statement or language they can that would give them a “valid” reason not to pay your claim. 

Before you speak with an adjuster, give me a call. There is never a charge to discuss a claim, and you have no obligation to pursue your claim with me, but it is my mission to provide you the tools you need to give you the best chance for success, whether you need a lawyer or not.

It may be more convenient to handle things on the phone, but you are making a big mistake by doing so. Insurance adjusters know that they can’t be held accountable for what they say to you on the phone. As a result, many will resist putting things in writing, until they absolutely must. To give yourself the best chance of getting your claim paid, without the need for legal help, get everything in writing.

Clients regularly call me astonished that their insurance company offered to pay far less than what was owed, or worse, outright denied their claim. The cold truth is that insurance companies are businesses that are expected to make profit for their shareholders. Insurance companies don’t make any products and they don’t provide a utility or service. Insurance companies take in money--your money--and they invest it. The more money they take in, and the longer they hold on to it, the more interest they earn on their investments. Ultimately, if an insurance company wants to be profitable, they must, to some degree, focus on not paying money back to customers. Despite all the “secure,” “trust-ing,” and “American” names that insurance companies choose for themselves, they are inherently motivated to avoid paying claims.

One of the worst things you can do for your claim is mention a lawyer, the law or the legal system to an adjuster. Don’t even imply calling a lawyer, “Gee whiz, Mr. Adjuster, do you think I need to speak with a lawyer?” Don’t do it. Ever.

Adjusters are often overworked, sometimes complacent, and frequently distracted. You "mentioning" a lawyer will not change their mind about your case. It will, however, cause them to pay close attention to how they are documenting your case. You don’t want them paying close attention to what they are doing on your file.

Adjusters count on the fact that the majority of their customers dislike lawyers more than they dislike insurance companies. They count on the fact that most people—even when they are absolutely and obviously being cheated by the insurance company—will never call a lawyer. Let them think that about you, but do call Your Insurance Claim Lawyer to get guidance on how to handle the early stages of your claim. As you will see me state all throughout this website, there is never a fee to call me and ask about how to proceed with your claim.

I sincerely do not mind giving you guidance on how to handle your claim, if it helps you get your claim fully paid without the need for any legal intervention. I love those cases, because that homeowner is going to tell every other person they know about the free help I gave them, and it always leads to other cases. 

So please, do not hesitate to call me. I promise, there is no fee, and I am glad to help.

It is not legal for an insurance company to cancel a policy because of a claim or lawsuit to enforce a claim. An insurance company can non-renew a policy when it is up for renewal, for a variety of reasons, so long as they give you proper notice of their decision. 

In one of the more ironic types of non-renewals, I have seen several cases where a client had legitimate storm related damage to their roof that an insurance company denied. Then, to rub salt in the wound, the insurance company later sends a notice of non-renewal to the client advising that their policy is being non-renewed because of the condition of the roof. The very same storm-damaged roof that the insurance company said was not covered. They have no shame.

Not true. I have handled several cases where the house was sold after the claim, but before a resolution of the lawsuit. If you think you might find yourself in this circumstance, we can put together a plan of action that will protect your right to pursue your claim, and still sell your house. 

If you pay out-of-pocket for the damages, and then sell the house, we would be pursuing the claim to get you reimbursed for those damages. If you sell the house "as is" without getting the damage repaired, we would be pursuing the diminished value of the house. In either case, you must put together a plan of action prior to making the repairs or selling the house. 

If you think you might end up in this situation, please call me immediately to discuss required steps needed to protect your future ability to pursue the claim.