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How do you request restitution from a roofing company whose negligence caused property damage?

Rochester, NY |
Filed under: Residential property

Roofing company did not apply the required flashing used to prevent leaks. A leak occurred causing extensive damage to our ceiling. They repaired the roof, noting the issue was their fault. We asked if they would cover the cost of fixing the property damage, they said No. We feel that they are responsible, how to we proceed with getting reimbursed for the cost of a new ceiling? What steps need to take place in order to give them the opportunity to pay for the damage and what do we need in case we need to take them to small claims court?

Attorney Answers 2

Posted

Put your demand to them in writing and include a request that they forward the demand to their insurance company or provide the insurance policy information directly to you. If the roofing company is licensed by your local municipality/County/City, you can contact the licensing agency to see if they have some kind of dispute resolution program or other way to make a claim. If these steps don't work, you'll have to consider suing. You'll need your proof of liability (written admission, etc.) and proof of damages (pictures, estimates for ceiling repair or paid receipts for it, etc.).

I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.

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3 comments

Asker

Posted

The insurance company is telling us we need to pay the deductible because the work was sub-contracted to another company. Why do we have to pay the deductible or are they just trying to get us to agree to paying it so they don't have to go after it?

Paul Karl Siepmann

Paul Karl Siepmann

Posted

Your insurance company, or the roofing company's?

Asker

Posted

Actually, the roofing company didn't send the estimate for damage repair to THEIR insurance company. Instead, they forwarded our request to the sub-contractor's insurance company who told us there is a $250 deductible on the insurance policy and that they were unable to get that from the sub-contractor company (they said they tried and was not successful) and therefore, it is coming of the claim. They mailed us a check for $500 (Estimated repairs were $750). The insurance company said we now have to go after the sub contractor for the difference. Thank you for your help. If it weren't for you, we wouldn't have even gotten the $500.00. Unfortunately, I think the sub-contractor may be out of business. Do you think we can request the contracting firm we signed the contract with to cover the $250?

Posted

You may have a consumer fraud claim in addition to a negligence claim. You should file a compliant with the NYS Department of Consumer Affairs. Here is the link: https://www.dos.ny.gov/consumerprotection/form/complaintform.asp

You may want to speak with a consumer protection attorney. Often times, attorney's fees are paid by the defendant. This means that if you can establish a violation of the consumer protection law an attorney may agree to take the case on a contingency basis.

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