by W » Thu Nov 13, 2008 09:02 pm
A tree limb landed on my roof, State Farm only wants to replace or fix part of my roof, about 1/3 of it and leave the rest alone. This would cause part of the roof to be new and the rest to be old and outdated. Anything I can do? I've had a second adjustor come out and they pulled the good cop/bad cop saying the first one gave too much and the last one only would have replaced a few shingles. Am I getting the run around? Or am I basically screwed.
Posted: Sat Jun 18, 2011 02:25 pm Post Subject:
Indirect damage and diminished value are not the same things. Indirect damage means "consequential loss" and includes things such as "loss of use" -- a period of time that the homeowner cannot enjoy the benefit of the home due to a direct, insured loss, such as following a fire or flood.
You do not find the words "diminished value" in a typical homeowner's policy, although you do find words such as "pair and set" which recognizes that the loss of one earring, for example has a greater effect than just a 50% reduction in value.
You might find words relating to "cosmetic damage" which could include a mismatch in color on a roof when 50% or more of the shingles required replacement. But, as tcope has stated above, a recovery under that theory is far less likely when a composite material such as fiberglass shingles is involved than when a solid roofing material such as clay or concrete tile or metal is involved. Even a copper roof, the older portion of which has probably developed its characteristic patina, when first repaired with new copper, will not "match" visually, but given a year or two, the patinas will very closely match. New sections of painted metal roofing material will weather and closely match older portions in about the same time period.
California's Fair Claims Reporting Act states, in part:
(emphasis added)Section 2695.9. Additional Standards Applicable to First Party Residential and Commercial Property Insurance Policies
(a) When a residential or commercial property insurance policy provides for the adjustment and settlement of first party losses based on replacement cost, the following standards apply:
(1) When a loss requires repair or replacement of an item or part, any consequential physical damage incurred in making the repair or replacement not otherwise excluded by the policy shall be included in the loss. The insured shall not have to pay for depreciation nor any other cost
except for the applicable deductible.
(2) When a loss requires replacement of items and the replaced items do not match in quality, color or size, the insurer shall replace all items in the damaged area so as to conform to a reasonably uniform appearance.
Notice the words "in the damaged area". This does not say "in the damaged and adjacent areas". So unless there was a genuinely provable loss in value due to a color variation in the roofing materials, a claim for this would likely fail.
There are some roofs that have coverings that are no longer available, and cannot possibly be matched. I'm thinking specifically of some older homes, especially some of the Victorian-style dwellings. When a portion of such a roof is not going to be repairable with the same style and color of shingle, the insurer will pay to replace all. At best, you might be able to get the insurance company to agree to replace the other undamaged portion of the roof to create a "uniform appearance", but they are not going to pay for "diminished value" simply because a few shingles don't match.
The language "items do not match in quality, color or size" is generally applied to furniture, cabinetry, floor coverings, wall coverings, and similar items. A wall of custom cabinets, for example, may have to be replaced if one section is damaged beyond repair.
Posted: Wed Jun 22, 2011 10:28 pm Post Subject: match
Cali fair claims states:
(2) When a loss requires replacement of items and the replaced items do not match in quality, color or size, the insurer shall replace all items in the damaged area so as to conform to a reasonably uniform appearance
Note that it does not define "damaged area" If one has a 3x3 sr ft area of damaged shingles, it would seem that this would be the only "area" that would need to be addressed . Lousy wording I suspect, but still vague language. And most polcies state that they pay for "damaged property" .....not un-damaged property. JMHO
Posted: Mon Jul 11, 2011 03:55 am Post Subject:
Most homes have only one roof. If that one roof is damaged the policy promises new for old. Roof damaged, you get new roof. Lot's of opinions here and many seem not to understand the Replacement promise of today's policies.
Posted: Mon Jul 11, 2011 04:01 am Post Subject:
If that one roof is damaged the policy promises new for old. Roof damaged, you get new roof. Lot's of opinions here and many seem not to understand the Replacement promise of today's policies.
Only Replacement Cost policies give new for old... there are Actual Cash Value policies where depreciation applies (not new for old). If you roof is damaged _all_ policies will pay for repairs... it does not automatically mean the roof is replaced. This is not what "Replacement Cost" is. If the cost to repair is greater then the cost to replace or the entire roof was damaged, then it's replaced.Posted: Tue Aug 16, 2011 12:44 pm Post Subject:
An RCV policy has ACV as well.....just if you don't do repair, you get what they sent you minus the depreciation and that is ACV, if you do repair you will get RCV and depreciation back.
An ACV policy does not offer this choice. You get what the roof is worth, minus depreciation and deductible, and that is all.
Posted: Tue Aug 16, 2011 01:35 pm Post Subject:
Roof damaged, you get new roof
Written like a true non-licensed person.
Tcope has given a proper response at the bottom of page 1. "French Fry" has spent too much time in the deep fryer.
Posted: Thu Aug 18, 2011 01:28 am Post Subject: roofing match law
If your State has a matching shingle law and you can not find a matching fix for your roof _ you do not have to live with a multi color roof_ see if you have a matching roof law in your state the insurance co will not mention this when they tell you have a small repair that is under the claim value_
get a good roofing contractor to fight for you and don’t listen to insurance agents that will not work for your nest interest_ show the claim papers to your contractor and let him call them _ meet with them and get your roof repaired according to your policy and the Law_ pay your deductible in addition to the insurance check if you don’t you are committing fraud _ but the roof can get the claim to stick if he is a good storm repair co, and has good understanding of the insurance laws , in your area.
Posted: Sun Dec 04, 2011 01:08 am Post Subject: Sidding replacement
I have a similar situation from this recent windstorm. The siding on the East side of my home has been ripped off. It is in a pop out section but it covers almost half the east side of my home. there is also a couple of dents on the other walls of the home that will need to be replaced. So, I am really worried that they are just going to replace the pop out section. The problem is that my home is all aluminum siding and I don't think it is available. this is the case with several homes on my street. It is going to look very ghetto up and down my street if all of us have a section of brand new vinyl siding and the rest old aluminum. It not only will significantly decrease my own home's cost but the cost of the whole neighborhood. Any one have any ideas on what to expect?
Posted: Mon Nov 27, 2017 03:20 pm Post Subject:
the car bumper comment was not helpful. car fender repair would be closer to the subject. color matching the paint same as color matching the roof shingles.
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