Florida Wind, Storm and Roof Damage Claim Lawyer

If you are looking for a wind damage lawyer or a roof damage lawyer in Florida, this page explains, in plain words, how wind and roof claims generally work, the Florida rules that matter most and what you can do now to protect your claim. It is general information, not legal advice; every case is different.

Wind Damage Lawyer for Florida Homeowners and Condo Owners

Most Florida homeowners policies cover sudden damage caused by wind, subject to the policy's terms, deductibles and exclusions. That includes damage from storms that never had a name. Wind can tear off shingles and ridge caps, break or loosen roof tiles, peel back flashing and soffits, and drive rain into openings it creates. Falling trees and flying debris add more damage.

The trouble usually starts after the inspection. Wind damage on a roof can be hard to see from the ground, and an adjuster may spend only a short time on the roof. The insurer may then decide the damage is old, small or caused by something the policy doesn't cover. Tomas Robirosa helps policyholders challenge those decisions with evidence: photos, weather data, contractor and engineer reports, and a careful reading of the policy.

Tomas Robirosa serves property owners across Florida, with a focus on Miami-Dade, Broward and Palm Beach counties. You can meet with him by phone, by video or in person.

Common Roof Damage Claim Disputes

Roof claims are often disputed. These are the arguments we see most often, and the questions we ask in response:

• "It's just wear and tear" Many policies exclude wear and tear, but an old roof can still be damaged by wind. Creased or missing shingles, lifted tiles and debris marks can point to a storm rather than age.
• "A patch is enough" The insurer may approve a few shingles or tiles. Whether a repair is really possible depends on the roof, the materials and the building code.
• "The leak is long-term" Interior water stains are often blamed on slow leaks. The timing of the stains, the weather records and the condition of the decking can help show what really happened.
• The wrong deductible Some policies have a separate hurricane deductible or roof deductible. Check which one the insurer applied and why.
• Matching and missing items Estimates sometimes leave out underlayment, flashing, drip edge, permits or code items, or assume matching tiles exist when they don't.

Florida's 25 Percent Roof Rule

For years, many Florida homeowners heard about a "25 percent rule": if a quarter or more of a roof needed repair, the whole roof had to be brought up to the current building code. In 2022, Florida changed that rule for newer roofs. Under section 553.844 of the Florida Statutes, if a roof was built, repaired or replaced under the 2007 Florida Building Code or a later edition, and 25 percent or more of the roofing system or roof section is being repaired, replaced or recovered, only the part being repaired or replaced generally must meet the current code.

For older roofs, the building code's own rules still apply. That is why the age of a roof and its permit history can matter so much in a claim. Local permitting matters too: Miami-Dade County, for example, uses a High Velocity Hurricane Zone uniform roofing permit application. We look at the roof's permit history, the code that applies and the insurer's estimate to see whether the payment matches what the repair actually requires.

When the Clock Starts on a Wind or Storm Claim

Florida's claim deadlines run from the date of loss. For a hurricane, that is the date of landfall. For a tornado, windstorm, severe rain or other weather event, section 627.70132 says the date of loss is the date the event is verified by the National Oceanic and Atmospheric Administration (NOAA). So the clock may start on the day of the storm, not the day you first saw the leak.

What to Do After Wind or Roof Damage

1. Stay safe. Stay off a damaged roof and away from sagging ceilings and wet electrical areas.
2. Photograph everything. Take photos and video of the roof from the ground, the yard and debris, ceilings, walls and floors, and the date of the storm.
3. Prevent more damage. Make reasonable temporary repairs, such as a tarp, and keep every receipt.
4. Keep damaged materials. Save a few broken tiles, shingles or flashing pieces if you can.
5. Report the claim promptly. Report it in writing and keep a copy, and ask for a certified copy of your full policy.
6. Get your own inspection. A written report from a licensed roofer or engineer can make a real difference.
7. Read before you sign. Don't sign a release or cash a "final" check without understanding what it means.

Storm Damage Lawyer in Miami and South Florida

Summer thunderstorms, tropical storms and coastal winds can damage roofs anywhere in South Florida. If you are looking for a storm damage lawyer in Miami, Tomas Robirosa helps homeowners and condo owners in Miami-Dade, Broward and Palm Beach counties, and throughout Florida. For condo owners, the association's master policy generally covers the building and roof, so we look at both the association's claim and your own unit owner policy.

Tomas Robirosa speaks Spanish and English, and you can talk with him directly about your policy and every letter from the insurer. Read more about hurricane damage claims, denied insurance claims or our property damage claims page.

How We Handle Your Wind or Roof Claim

1. Free claim review. We read your policy, the insurer's letters and its estimate.
2. Evidence. We gather photos, weather data, permit history and roofer or engineer reports.
3. Challenge the decision. We pursue reinspection, a supplemental claim or appraisal where allowed, and prepare Florida's required pre-suit notice when needed.
4. Lawsuit if needed. If the insurer won't be fair, we can file suit.

We work on a contingency basis: no fee unless we recover, and we explain how fees and costs work before you hire us. Call (305) 600-0529 for a free claim review.

Frequently Asked Questions