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roof damage

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soonergage

Junior Member
What is the name of your state?What is the name of your state?Oklahoma
I own a small roofing company, I did a free roof inspection for a homeowner and discovered hail damage.I agreed to meet the insurance adjuster and discuss the damage.I arrived before the adjuster and was on the roof marking the damage with a piece of chalk when he arrived, the adjuster is now claiming that he saw me damaging the roof.the insurance company sent an engineering firm out to inspect the damage( I see this a lot when the Insuance company doesn't want to pay a large claim)they said the damage was mechanical in nature. I am now being sued by the homeowner for 10,000.00.the roof has since been replaced, I did not have an opportunity to inspect the roof again, or have someone to it on my behalf.in the letter I received from his attorney it states"insurance company has an agreement with home owner as to his claim,which has become a claim for vandalism. In this agreement Insurance company is permitted to bring this action against those individuals who have committed that vandalism, this action is being brought, as is allowed by law, in the name of home owner".should I have had access to the roof or someone on my behalf?. isnt the roof evidance in this case?.
 


dcatz

Senior Member
If you had tried to get accees to the roof after your inspection and without the homeowner's permission, you might have added to your problem by being accused of trespassing or worse.

But you're right that the condition of the roof is likely to be a central issue. Ironically, now that you've been sued for damaging it, you can get access. At least your attorney can in the discovery process and most certainly will want to.

But aren't you saying that the roof that you're supposed to have damaged is now gone and that a new, good roof is in it's place? If so, that doesn't help (you - it may help the homeowner).

In any event, you've been sued. Don't go into litigation without an attorney, if at all possible. Then let him/her direct the case.

If you didn't have an attorney before this, ask others in your profession for referrals based on past performance and use the best, most experienced that you can find. If the other side is going to "spend money to save money", you want to have good counsel.
 

HomeGuru

Senior Member
soonergage said:
What is the name of your state?What is the name of your state?Oklahoma
I own a small roofing company, I did a free roof inspection for a homeowner and discovered hail damage.I agreed to meet the insurance adjuster and discuss the damage.I arrived before the adjuster and was on the roof marking the damage with a piece of chalk when he arrived, the adjuster is now claiming that he saw me damaging the roof.the insurance company sent an engineering firm out to inspect the damage( I see this a lot when the Insuance company doesn't want to pay a large claim)they said the damage was mechanical in nature. I am now being sued by the homeowner for 10,000.00.the roof has since been replaced, I did not have an opportunity to inspect the roof again, or have someone to it on my behalf.in the letter I received from his attorney it states"insurance company has an agreement with home owner as to his claim,which has become a claim for vandalism. In this agreement Insurance company is permitted to bring this action against those individuals who have committed that vandalism, this action is being brought, as is allowed by law, in the name of home owner".should I have had access to the roof or someone on my behalf?. isnt the roof evidance in this case?.

**A: and what does YOUR insurance agent have to say about this claim?
 

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