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Maximizing Compensation Following a Storm in Texas

Texas weather can be unpredictable. From fierce thunderstorms to hurricanes moving through the Gulf Coast, storms leave behind a trail of destruction. If you’re a Texan dealing with storm damage, you’re probably wondering how to get the most compensation possible. Navigating the claims process doesn’t have to be stressful. Taking proactive steps, knowing your rights, and seeking legal guidance can help maximize your claim.

Assess the Damage Immediately

Once it’s safe, inspect your property thoroughly to document the damage. Take photos and videos of damaged roofs, broken windows, flooded interiors, and any other damage from the storm. Wait to begin cleaning up after your insurance adjuster has inspected. Remember that this damage is your evidence—the more comprehensive your documentation, the stronger your claim.

Understand Your Insurance Policy

Your insurance policy describes your coverage and is the basis of your claim. However, reading through the jargon-heavy language of an insurance policy can take time and effort. Review what your policy says about dwelling coverage, which describes the coverage of the structure of your home. The personal property coverage section outlines the coverage related to the cost of repairing or replacing damaged belongings. The additional living expenses section describes what the insurance company will pay for temporary housing if your home becomes uninhabitable. Pay close attention to the exclusions section, which outlines what your policy doesn’t cover. Ask your insurance company for clarification, or consult an attorney if something’s unclear.

Notify Your Insurance Company

Don’t delay in reporting the storm damage. Most policies require that you notify the insurance company promptly. The sooner you file, the sooner they’ll send an adjuster to evaluate your claim. When making this call, stick to the facts. Explain the extent of the damage without speculating or exaggerating. For example, report that the roof has several missing shingles and water damage instead of saying that the whole roof needs to be replaced.

Document every interaction you have with your insurer. Note the date, time, name of the representative, and key details of the conversation. This could be useful if disputes arise later.

Be Prepared for the Adjuster’s Visit

When the insurance adjuster arrives, be ready. Walk them through the damage and share your documentation—photos, videos, and receipts for emergency repairs. Be polite but firm. Don’t downplay the damage. Instead, emphasize the extent of the loss. If the adjuster’s estimate is too low, you can hire a public adjuster who works independently to represent your interests or hire an attorney to negotiate on your behalf.

Don’t Settle for Less Than You Deserve

Insurance companies are businesses whose goal is to protect their bottom line. This means the initial settlement offer might only cover part of your losses. It’s not uncommon for policyholders to feel pressured into accepting low offers, but you have rights.

Texas law requires insurance companies to act in good faith when handling claims. If your insurer is delaying, denying, or undervaluing your claim without justification, they could be acting in bad faith. Consulting an experienced attorney isn’t just advisable in these situations; it’s essential.

Know Your Legal Rights in Texas

Texas storm damage claims are governed by state and federal laws that protect policyholders. Knowing the laws protecting your rights makes you better equipped to hold your insurer accountable.

Prompt Payment of Claims Act

Under Texas law, insurers must acknowledge your claim within 15 days of receiving it and approve or deny the claim within 15 business days of getting all required information.

Fair Settlement Practices

Insurers are prohibited from misleading policyholders, misrepresenting policy terms, or refusing to pay a valid claim without reasonable investigation.

Statute of Limitations

You typically have up to two years to file a lawsuit for a denied claim. However, don’t wait until the last minute—acting promptly gives you more leverage.

When to Involve an Attorney

Sometimes, your claim hits a roadblock, no matter how well-prepared you are. Your insurer might deny coverage or string you along for months without a resolution. An attorney can review your policy to identify coverage the insurer might be ignoring, negotiate with the insurance company to secure a fair settlement, and file a lawsuit if necessary, especially in cases involving bad faith practices.

Consider Supplemental Claims

If you accept a settlement but later discover additional damages, such as mold, you can file a supplemental claim. While these can be challenging to pursue, they’re not impossible, and thorough documentation is needed.

Avoid Common Mistakes

Even well-intentioned homeowners make mistakes that can hurt their claims. One common mistake is waiting too long to report the damage.

Another is making permanent repairs too soon, which can reduce claims. While temporary fixes are acceptable, permanent repairs should wait until after the adjuster’s inspection. Also, be sure not to underestimate the damage and instead consider long-term concerns like structural damage. Finally, don’t accept the first offer because the initial settlement amount is often low and negotiable.

Stay Informed

Keep up with local news and updates following a major disaster. State and federal governments often roll out disaster relief programs that can supplement insurance claims.