In most cases, homeowners insurance covers damage from frozen pipes in Texas, but it’s important to review your individual policy and understand the limitations of this coverage. Our Texas homeowners insurance claims lawyers can help you navigate the potentially complex process of recovering compensation.
Below, we’ll explain some important information about how frozen pipe insurance claims work when frozen pipes cause damage in Texas.
What Damage From Frozen Pipes Does Insurance Cover in Texas?
In Texas, the climate tends to be humid and hot, and extreme cold weather is rare. However, when temperatures do dip below freezing, the effects can be devastating. One of the biggest issues is frozen pipes bursting and causing damage to homes and businesses. However, other damage may occur as well.
Water Damage
Depending on the location of the burst pipe, water damage that results when the pipe thaws may be extensive. Typically, homeowners insurance policies will cover accidental water damage from sudden, unexpected events such as a burst pipe.
Pipe Repairs
While water damage is covered, the repair costs for damage to the pipes themselves may not be. Your specific policy should detail what aspects of a bursting pipe are covered.
Mold Damage
Whether mold damage resulting from the burst pipe is covered depends on your individual policy and the specific circumstances of the damage. In most cases, you must take swift action for coverage. If you let the mold continue to grow for a few weeks before taking action to remedy it, your insurance company will likely not cover it.
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What Exclusions Exist With Insurance Coverage for Frozen Pipes in Texas?
With homeowners’ policies, it’s vital to note whether any exclusions apply to your coverage. When filing a claim for damage after a burst or broken water pipe, you may need to prove you took adequate preventative measures before the freezing temperatures. According to the Texas Department of Insurance (TDI), these may include:
- Properly heating your home (including leaving the heat on when you’re away)
- Wrapping pipes (especially those in exterior walls) with insulation, pipe sleeves, or heat tape
- Removing water hoses from spigots and turning off your sprinkler system
- Opening cabinet doors to allow warm air to circulate the pipes
- Turning your water off if you are going to be away from home for an extended period when it might freeze
However, in some cases, it is not possible to take some of these reasonable steps. For example, during Winter Storm Uri in 2021, many Texans experienced a loss of power on top of the freezing temperatures. If your heat was not working due to an unavoidable power disruption, it should not be held against you that your home’s heat was not on.
Are Frozen Pipes Covered by Insurance if You Are a Renter in Texas?
If you are a renter in Texas, your landlord or property management company will likely have insurance that covers water damage to the dwelling itself. However, if the broken pipes damaged your furniture or belongings, these would likely not be covered.
When renting, it’s always a good choice to have a renter’s insurance policy. This policy will cover any water damage to your personal property in your rented home or apartment.
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What Should You Do If a Frozen Pipe Bursts in Your Texas Home?
If the worst has happened and a pipe has burst in your home during the winter months, you should take several steps to help minimize the potential damage.
Turn Off the Water Supply
Immediately shut off the main water valve to prevent further damage. If you are in a house, your water valve is likely in your basement or a ground floor room if you have no basement.
If you are in an apartment, you should call your emergency maintenance number, as the water main valve is likely not located inside your apartment.
Move Your Belongings
If you have furniture or belongings near the burst pipe, move them to the best of your ability to prevent as much damage as possible.
Dry the Area
Once the water has been shut off, you should dry the area as best as possible. Soak up excess water with towels or rags. Drying the area can help prevent further damage, as well as mitigate the risk of mold or mildew growth.
Document the Damage
Take photographs of all damage and affected areas. Make detailed notes about what was damaged and to what extent.
Notify Your Insurance Company
Contact your homeowners’ or renters’ insurance provider promptly to report the incident and initiate the claims process. Most companies will have a deadline for filing a claim. If you file your claim outside that window, you will likely be denied coverage.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
What Can You Expect After Filing a Claim for Frozen Pipe Damage in Texas?
According to the TDI, your homeowner’s insurance company must acknowledge receipt of your claim within 15 days of receiving it. They will then send an insurance adjuster to survey the damage. The adjuster will estimate the costs of the damage, which the insurance company will use when making a settlement offer.
Your insurance company will have 15 business days to either settle or deny your claim after they have received all necessary information.
What Can I Do if the Settlement Offer Is Too Low?
If you believe the offer is too low, you can reject it and renegotiate for a higher offer. It can be beneficial to have a contractor assess the damage and estimate what they believe repairs will cost. You can use this estimate when negotiating for a higher settlement amount. If a Texas insurance attorney represents you, they can help you fight for a fair settlement offer.
What Happens if the Insurance Company Denies Your Claim?
If the insurance company denies your claim, it must notify you in writing and include a reason for the claim denial. You can appeal this claim denial. Your appeal will likely involve providing additional information to support your claim.
If you believe your insurer denied your claim in bad faith, you are protected under Texas law (Texas Insurance Code § 541.001). Bad faith means the insurance company denied your valid claim for unscrupulous reasons. For example, if an insurance adjuster never examined your property damage and the company claims no damage was present, that may be an act of bad faith.
Our Texas bad faith insurance claims lawyers can ensure you don’t become a victim of these deceptive and unfair tactics.
A Texas Insurance Claims Lawyer Can Help You Fight for Fair Compensation After a Texas Freeze
If your home was damaged after a Texas freeze led to burst pipes, you shouldn’t have to worry about the stress of filing an insurance claim and hoping for the best. Our Texas water damage insurance claims attorneys at Carrigan & Anderson, PLLC, will help you file your claim, negotiate with your insurance company, and field settlement offers. We will fight for you to receive the fair compensation you are entitled to.
Our services are risk-free, as you will owe us nothing unless we recover compensation for you. Call us today for a free consultation about your insurance claim.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
