Yes, there’s a deadline to file a hurricane damage claim in Texas. It differs by policy. However, the state enforces other time limits on general property damage, bad faith insurance, and Texas Windstorm Insurance Association (TWIA) cases.
It can be confusing to determine which one applies to you, so it’s best to get started on your claim as soon as possible. Any delay could put your right to receive coverage at risk. A Texas hurricane damage claims lawyer at our firm can confirm how long you have to take action and build an effective case strategy for you.
The Importance of Filing Your Hurricane Damage Claim Before the Deadline
The time to act on your hurricane damage claim is now. Although people may qualify for an extension in rare cases, insurance companies and the state of Texas strictly enforce their filing deadlines. Failure to submit your claim before time runs out may result in a denial.
In that event, it would be on you to cover the costs of repairs, cleanup, and personal belongings, among other losses. Our team can help you reduce this risk when you hire us as soon as you know about your hurricane damage. Our attorneys can get to work on your claim promptly. We have 40+ years of experience, so we know how to work under tight time restraints.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
Potential Property Damage Claim Deadlines You Must Comply with in Texas
Your insurance policy should specify how long you have to file your hurricane damage claim. Everyone’s deadlines may vary, but in any case, it’s best to alert your insurance company as soon as possible. This notification will prompt the claims process.
However, there are other state deadlines regarding property damage claims. Whether they apply to you, in addition to how much time you’re granted to file, can be unclear. Generally speaking, they are as follows:
- TWIA allows up to one year from the day the damage occurred to file a claim.
- Texas Civil Practice & Remedies Code § 16.003 sets a two-year deadline for general property damage claims, beginning on the day of the damage.
- If you’re filing a bad faith insurance lawsuit, you have two years from the day the bad faith practice occurred, or the day you discovered the bad faith practice to act, per Texas Insurance Code § 541.162.
You may want to retain the services of one of our Texas property insurance claims lawyers. They can identify what type of claims and/or lawsuits you qualify to file and the amount of time you have to do so. Our firm works on a contingency plan, so there’s no payment due upfront. We only receive our fee if we obtain compensation for you.
What to Do After Your Property Sustains Hurricane Damage
When you take certain steps after your property incurs hurricane damage, you not only protect yourself but also your right to receive fair coverage. That being said, your safety is the most important thing. Sometimes, that looks like evacuating the premises. If there was an order for your area, please comply with it, and don’t go back until the situation has calmed down.
From there, follow these steps:
Document the Hurricane Damage
Collect all evidence of the hurricane damage. Make an inventory of all the damaged items and structures on the property. Attach photographic evidence of it, too, to back up your claims. We also suggest that you take a video of the damage. Narrate the scene so you can give the insurance company a more in-depth understanding of what has occurred.
Common hurricane damages include the following:
- Roof leaks
- Broken or blown roof tiles
- Holes in the siding
- Broken windows
- Cracked foundation
- Damage to HVAC, electrical, and water systems
- Ceiling collapse
Hiring an Inspector
The other part of documenting the hurricane damage is getting a professional out to conduct an inspection. They can survey the entire property. It’s even possible that they’ll find damage or destruction in places you haven’t realized yet.
Keep the report of all the losses they documented. It may contain the estimated prices for repairs, which will be crucial for your claim. In addition, your insurance company may send an adjuster to investigate the damage. Have your inspector’s report on hand during their visit, as it will help ensure the adjuster doesn’t try to underestimate or overestimate the extent of your losses.
Mitigate the Damages
It’s common for insurance companies to require, or at least encourage, policyholders to mitigate any damage to their property following a hurricane, as it will help prevent further damage. Examples include:
- Putting a tarp over a roof leak
- Boarding up windows
- Bleaching mold
- Transporting valuables to another location
In the event you didn’t make temporary repairs, the insurance company may devalue or even deny your hurricane damage claim if they thought doing so was possible. Should you receive this decision, one of our attorneys can help you file an appeal.
Keep a Record of All Case-Related Documentation and Communication
Keep a file of all documentation pertaining to your claim. On top of the photographic evidence and inspection report, include all credit card slips, receipts, and invoices. You’ll submit all this information, in addition to anything else you think could help your claim, upon filing.
Then, for yourself, keep a log of all correspondence with the insurance company. Write down the day, time, and key details of your phone conversations, and save all your email threads with them. This way, you’ll be able to keep track of your claim and ensure it’s advancing on time.
Representing the injured in all areas of Texas that extends back over 40 years
Let Our Attorneys Help You File Your Texas Hurricane Damage Claim Today
A lawyer from our firm can work to file your hurricane claim by the applicable deadline in Texas. Should we get any resistance from the insurance company, please know that we’re not afraid to stand up to them and take further action. With our firm being a smaller size, we’re in a better position to give you more personalized attention.
Give Carrigan & Anderson, PLLC, a call today to start your free consultation.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
