Who is liable?
April 27, 2019
By Karen Schiffmiller
We had a roof leak and it caused water damage to the inside of our home. We do not own the roof so who is liable for the damage, our homeowner’s insurance or the association?
We received a call from a client who was extremely upset that they were denied by their insurance company for interior water damage resulting from a roof leak. They advised that when it first happened, they called the association immediately to fix the roof and asked them to inspect the damage. The association never came to see the damage and told them to call their insurance company and file a claim.
Unfortunately, their particular insurance policy does not cover roof leaks. We reviewed the denial letter and their insurance policy to make sure there was no coverage. We then reviewed the in detail and found that the homeowners are forbidden to access the roof under any circumstances and that the roof is the sole responsibility of the association.
Can you represent us and go after the association for our damages?
Yes. We represent clients all the time with third party liability claims. We reviewed all the documentation, gathered all their incurred invoices, and prepared a detailed submission and letter to the association pointing out all the reasons why they are responsible for the damage to our client’s home. We successfully settled their claim for the damages incurred, plus their rental living expenses, as they were not able to reside in their home during the repairs.
Our neighbor had her roof replaced and the roofer caused damage to our roof. Who is responsible for the damage to our roof?
In this case, the roofer working on the neighbor’s roof and who caused the damage is responsible. Our client notified his neighbor immediately and showed both her and the roofer the damage that was caused to his roof. When our client met a dead end with his association, the neighbor and her roofer, he contacted us for assistance immediately. We promptly notified both the neighbor, her roofer and his liability insurance company via detailed letter, estimate and photos of the damage. Ultimately the liability insurance
company for the roofer paid for a replacement of our client’s roof as they agreed with us that the roofer was responsible.
Insurance policies and coverage:
We receive calls on a daily basis from homeowners and business owners that do not know if they are covered for a claim. It is important to understand and know your insurance policy. Contact us today to schedule your Pre-loss Damage Assessment and you will receive a free insurance policy review. Call 561-288-6434 or email us at for more information.
We received a call from a client who was extremely upset that they were denied by their insurance company for interior water damage resulting from a roof leak. They advised that when it first happened, they called the association immediately to fix the roof and asked them to inspect the damage. The association never came to see the damage and told them to call their insurance company and file a claim.
Unfortunately, their particular insurance policy does not cover roof leaks. We reviewed the denial letter and their insurance policy to make sure there was no coverage. We then reviewed the in detail and found that the homeowners are forbidden to access the roof under any circumstances and that the roof is the sole responsibility of the association.
Can you represent us and go after the association for our damages?
Yes. We represent clients all the time with third party liability claims. We reviewed all the documentation, gathered all their incurred invoices, and prepared a detailed submission and letter to the association pointing out all the reasons why they are responsible for the damage to our client’s home. We successfully settled their claim for the damages incurred, plus their rental living expenses, as they were not able to reside in their home during the repairs.
Our neighbor had her roof replaced and the roofer caused damage to our roof. Who is responsible for the damage to our roof?
In this case, the roofer working on the neighbor’s roof and who caused the damage is responsible. Our client notified his neighbor immediately and showed both her and the roofer the damage that was caused to his roof. When our client met a dead end with his association, the neighbor and her roofer, he contacted us for assistance immediately. We promptly notified both the neighbor, her roofer and his liability insurance company via detailed letter, estimate and photos of the damage. Ultimately the liability insurance
company for the roofer paid for a replacement of our client’s roof as they agreed with us that the roofer was responsible.
Insurance policies and coverage:
We receive calls on a daily basis from homeowners and business owners that do not know if they are covered for a claim. It is important to understand and know your insurance policy. Contact us today to schedule your Pre-loss Damage Assessment and you will receive a free insurance policy review. Call 561-288-6434 or email us at for more information.
