Step-by-step checklist
Identify
Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.
Notify
Investigate
Demand
Negotiate
Settle
1. Identify
Common solar losses
| Problem | What goes wrong |
|---|---|
| Roof leaks at mounts | Missing or poor flashing, lag bolts that missed the rafter, or sealant used instead of flashing |
| Installed on a worn roof | The installer mounted panels on a roof near the end of its life and didn't flag it |
| Damaged roofing | Cracked tiles or shingles from crews walking on the roof |
| Connector and wiring fires | Mismatched or loose connectors, wires rubbing on metal, wires not protected from the sun |
| Inverter fires | Inverter or optimizer failures, often a product defect |
| Battery fires | Lithium-ion storage batteries that overheat (see the Electrical and Product Fires guide) |
Responsible parties to consider
- The solar installer and any roofing subcontractor
- The leasing or power purchase company, which often owns the system and handles service
- The makers of the panels, inverter, optimizers, racking, and battery
- An electrician who did later work on the system
Timing is your first clue
Mount leaks usually show up in the first heavy rains after the install. A leak lined up under the mounting hardware soon after the install points strongly at the installer.
2. Notify and investigate
Read the contract or lease
Look for:
- Roof and workmanship warranties, often limited to a set number of years
- Who owns and services the system
- Limitation of liability and waiver clauses
- Arbitration requirements
An expired warranty doesn't always end the claim. A claim for faulty workmanship can still be open under the normal statute of limitations and repose.
Evidence checklist
3. Demand, negotiate, and settle
Liability theories
- Negligent installation, including code violations
- Breach of contract and warranty
- Product liability against the equipment makers
- Failure to warn about the roof's condition before the install
Defenses to expect
| Defense | How to answer it |
|---|---|
| The roof was old | The installer inspected the roof and chose to install. Did they flag it? |
| It's a roofing problem, not ours | The scene exam showing the leak at the mounts |
| The warranty expired | Negligence claims may still be open under the statute of limitations |
| It was the equipment | Keep the installer and the makers on notice until the lab exam |
Negotiating and settling
- Installers and equipment makers will point at each other. Keep them all on notice.
- Review the release with the release checklist.
- Close with the standard closing letter and the deductible reimbursement letter.
4. Letters for this loss
| Step | Letter | Sent to |
|---|---|---|
| Identify | Subrogation Opening Letter to Insured | Insured: contract or lease, app data, photos |
| Notify | Notice of Subrogation Interest and Insurance Request | Installer, leasing company, makers |
| Notify | Notice of Subrogation Interest to Adverse Carrier | Each party's carrier |
| Investigate | Evidence Preservation and Joint Scene Exam Notice and to Responsible Party | All parties |
| Investigate | Joint Lab Exam Notice | All parties |
| Demand | Subrogation Demand to Adverse Carrier or to Responsible Party | Carrier or party |
| Negotiate | Second Demand with Escalation Notice, Tolling Agreement Request | Carrier(s) |
| Settle | Release Review Checklist, Closing (Made Whole) or Pro Rata, Deductible Reimbursement | Client and insured |
| No recovery | No Recovery Closing Letter | Client, for example a storm or wind loss with no installation fault |