What Kinds of Damage Can Hail Cause?
Hail is common in Texas, given its location. Cool air from the north tends to collide with warmer, humid air from the Gulf of Mexico, a prime condition for hail storms. It’s unpredictable and can be anything from small pellets to the size of a baseball or larger, weighing several ounces or even a pound or more. Objects of that size and density being hurled by gusting storm winds can cause considerable damage. Here are some examples of damage hail can cause.
- Paint damage
- Roof damage, including broken or missing shingles or damage to the sealing strip
- Dents and dings in siding
- Window damage (cracks or chips)
- Outdoor light fixture damage
- Gutter damage
- Mailbox damage
What Is the Statute of Limitations for Filing Claims for Hail Damage in Texas?
A statute of limitations is the legal period in which someone has to file claims after hail damage has occurred. Once the statute of limitations passes, successfully filing claims can be difficult.
In Texas, the statute of limitations for hail damage claims is usually–but not always–two years from the date the damage occurred. However, that may vary according to the insurance company. It’s vital to understand what your specific policy requires in terms of reporting and filing. In general, the best approach is to file claims as soon as possible after the hail event occurs.
What Happens if My Insurance Company Denies My Hail Damage Claims?
This can be enormously frustrating. You should contact an experienced storm damage claims attorney as soon as possible to review your case.
There are several possible reasons your claim was denied and each needs a solid counter argument to overcome.
- ⏰ Did not file on time: As noted above, there are limitations to how long someone has to file claims for hail damage. If the date is missed, it can be difficult to overcome. Contact us to learn if there are any options available to you.
- 📌 Errors: This is common, especially if the storm was substantial and caused damage over many acres full of buildings and vehicles. In 2023, Texas had the most buildings damaged by hail in the U.S. A hail storm in the Dallas-Ft. Worth area led to somewhere between $7-10 billion in damages claimed.
- 🚫 Deliberate rejection: Unfortunately, there are also times when an insurance company isn’t acting in good faith. Texas has laws against deceptive or fraudulent insurance practices, but that doesn’t mean someone won’t try to avoid paying out.
- 🏠 Cosmetic damage: The insurance company may claim that the hail damage is only cosmetic, meaning it doesn’t have any bearing on the functionality or stability of whatever was damaged.
- 💵 Extent of damage: This is frequently seen in roof claims. The insurance company says the damage is too minor to replace the entire roof and recommends repair or patching instead.
- 🛠️ Product failure: This applies to products that are found to have pre-existing damage, such as roofing materials. It may cause the claims to be handled through the product manufacturer, not the insurance company.
- 🏚️ Previous damage: Sometimes, there’s evidence that damage was done prior to the hail that caused issues, and the insurance company may refuse to pay for the prior damage.
What Legal Options Do I Have if My Hail Claim Is Denied?
If there’s reason to believe the insurance company is not acting in good faith and may be in violation of Texas law, contact an experienced hail storm damage attorney to review your case and determine what might be done. It’s possible that it may be worth taking the insurer to court to pursue the damages. There have been cases in which the insurer behaved so egregiously that they were ordered to pay more than just the cost of the damage, the benefit in Texas is that they must also cover the property owner’s legal fees.
For other reasons, our attorneys can help review your denial to determine what caused it and what might be done to reverse it. It’s crucial to compare the letter stating the denial with the terms of the actual insurance policy to ensure the company is abiding by its own policies.
Claim denials can be appealed. As with everything else involved in hail damage claims, this must be done on a timely basis. Exactly how soon it needs to be done depends on the terms of your policy. The clock starts to run down as soon as the denial is issued, so an appeal should be done quickly.
It may also be possible to negotiate with the insurer. This should be done with the assistance of an attorney, as the law is complex and challenging to navigate.
I Filed Claims for Hail Damage from My Insurance Company, but they Denied it. What Should I Do Next?
Call the Stormlex Law Group as soon as possible at 877-890-6372 to schedule a free, in-depth no obligation case evaluation. There’s little more frustrating than reliably keeping your homeowner’s insurance paid and valid and then finding yourself having to fight to have your storm damage claims denied or disputed. Our law firm focuses on storm damage claims in Dallas, Austin, and San Antonio because we understand how important it is and how frequently Texas weather can cause the need for claims. We can review the specifics of your case and provide advice on how you might best move forward to solve the dispute and receive the damages to repair your property.