A Colorado hailstorm can last ten minutes and leave a roof that needs replacing. The insurance claim that follows can last months. Adjusters may say the hits are cosmetic, that the damage came from an older storm, or that a handful of new shingles will fix it. Denham Property & Injury Law Firm represents Colorado homeowners, businesses, churches and associations whose hail claims have been denied, delayed or underpaid.
Chad J. Robinson handles the firm's Colorado hail claims. He is admitted to practice in the U.S. District Court for the District of Colorado and is licensed in Texas, Washington, California and New York. The firm serves Colorado clients statewide.
Call (859) 900-BART (2278) or contact us online and we will look over the estimate and the insurer's letter at no charge.
Hail Season Along the Front Range
The Colorado Climate Center reports that severe thunderstorm season ramps up quickly in mid-May and that severe hail peaks in mid-June. Severe storms are far more common in eastern Colorado, which includes the Front Range cities and the plains, than in the mountains and on the Western Slope, where storms have a harder time gathering enough moisture.
Several storms can cross one neighborhood in a season, and insurers then argue about which storm did which damage, or that it came before your policy started. Storm dates, local hail reports and prompt photos help answer that.
Hail damages far more than shingles: metal vents and trim, tile and shake, siding and stucco, gutters, windows, skylights, air conditioner fins, fences and decks.
The Roof Inspection Fight
Many hail disputes turn on the roof inspection. Insurers rely on a few familiar arguments:
- The test square. The adjuster marks a 10 by 10 foot area on each slope and counts the hits. Fall below the insurer's threshold and the slope is denied, even when damage outside the square says otherwise.
- Not functional damage. The insurer says a dent or bruise does not affect how the roof performs. A hit that cracks the shingle mat or knocks granules loose can shorten the life of the roof well before it leaks.
- Wear and tear or old damage. Blistering, age, foot traffic and manufacturing defects are blamed instead of the storm.
- No hail of that size fell here. The insurer relies on a weather report. Local hail reports and dents on soft metals such as vents and gutters can show what actually fell at your address.
We compare the insurer's photos and reports with inspections by roofers or engineers and show where the conclusion does not fit the evidence.
Percentage Deductibles and Cosmetic Damage Exclusions
Many policies carry a separate wind and hail deductible set as a percentage of the dwelling limit, such as 1%, 2% or 5%. On a home insured for $500,000, a 2% deductible is $10,000. If the insurer's estimate comes in below the deductible, it pays nothing, so an estimate that leaves out damage can wipe out the claim.
Some policies also exclude "cosmetic" hail damage, most often to metal roofing and trim. The wording varies: some reach only certain materials, and some apply only when water cannot get in. Read the endorsement itself, not the adjuster's summary.
Matching: When a Patch Will Not Do
Hail rarely damages every shingle or every wall, so insurers often pay to replace part of a roof or one side of the siding. New material may not match the old in color, size or profile, especially when the product has been discontinued. Whether the insurer must pay for a reasonable match usually turns on the policy wording, such as a promise to repair with material of like kind and quality, and on whether the policy limits matching.
Depreciation and Holdback
Replacement cost policies usually pay in two steps: first the actual cash value, which is the replacement cost minus depreciation, then, after the work is done, the withheld depreciation, often called the holdback. Depreciation may be overstated, the policy may set a deadline to finish repairs, and some newer policies pay only actual cash value on older roofs. If the estimate is too low, the holdback will not close the gap, so challenge it before the repair.
Colorado Rules on Roofers and Deductibles
For home roofing work paid with insurance money, Colorado law says:
- A roofing contractor cannot pay, waive or rebate any part of your insurance deductible, or promise to. An offer to "take care of your deductible" is a warning sign.
- The roofing contract must be in writing, and it must let you cancel and get your deposit back within 72 hours after you sign.
- If your insurer denies the claim in whole or in part, you can cancel the roofing contract by giving the roofer written notice within 72 hours after you receive the written denial. Email, mail to the address in the contract or hand delivery all count. The right does not cover a later request for extra work that could not have been foreseen at the first inspection, and you may still owe for work already done properly.
- A roofing contractor cannot claim to be, or act as, your public adjuster. Public adjusters must be licensed by the Colorado Division of Insurance.
Appraisal in Colorado Hail Claims
Many property policies have an appraisal clause. When you and the insurer agree there is covered damage but disagree about the amount, either side can usually demand appraisal. Each side picks an appraiser, the two appraisers choose an umpire, and an agreement signed by any two of the three sets the amount of the loss.
Appraisal can be faster than a lawsuit, but it is not right for every claim. Whether the panel can decide what caused the damage depends on the policy wording and the court, so get advice before you demand appraisal or agree to the insurer's demand.
Steps to Take After a Colorado Hailstorm
- Write down the date and time of the storm and, if it is safe, photograph the hail next to a coin or ruler.
- Photograph the roof, siding, windows, gutters, air conditioner and any dented cars, then tarp leaks and keep the receipts.
- Report the claim promptly and ask the insurer, in writing, for a complete copy of your policy.
- Have your own roofer at the inspection if you can, and get any denial explained in a letter.
Colorado Hail Claim Questions
Does my roof have to leak for hail damage to be covered?
Not necessarily. Many policies cover direct physical damage whether or not water has come in yet, unless a cosmetic damage exclusion applies.
The adjuster found a few hits, but my roofer found many more. Who is right?
The roof is the evidence, and it can be inspected again. Ask for the adjuster's photos and test square counts, have your roofer document every slope, and compare. A lawyer, an engineer or appraisal can help settle the difference.
Get Your Colorado Hail Claim Reviewed
Related pages: Colorado property insurance claims, Denver hail and wind claims, hail damage claims, wind damage, fire damage, denied claims and underpaid claims.
Call (859) 900-BART (2278) or contact us online about your hail claim. Our fee is a share of what we recover, so you pay no attorney fee unless we recover money for you.