If your roof suffered damage but the adjuster disputes the reason that you gave as the cause, what can you do to get your claim approved?

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If your roof suffered damage but the adjuster disputes the reason that you gave as the cause, what can you do to get your claim approved?

I had a tree branch fall on roof which caused damage. However, the adjuster said this didn’t happen. But that is how it happened. What are my legal rights here?

Asked on July 8, 2015 under Insurance Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you believe that the insurer is not honoring their contractual obligation to pay for your damages under the terms of their policy--because that is what an insurance policy is: a contract--you can sue the insurer for breach of contract. If in the lawsuit you can prove by a "preponderance of the evidence" (that is, that it is more likely than not) that the damage occured the way you claim, and if you would entitled to compensation under your policy if it did happen that way, you can get a judgment (court order) requiring the insurer to pay. You can use witness testimony (e.g. of yourself and of anyone else with personal knowledge of what happened), photographs, testimony from a roofer or contractor who inspected the roof, etc. to make your case. If the amount at stake is less than the limit for your small claims court, you are probably best off suing in small claims, acting as your own attorney ("pro se") to minimize costs.


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