In 2021, Texas faced one of the most damaging winter storms in the state’s history. With more deep freezes expected in coming years, it’s important to understand how to file a claim for freeze damage if it happens to your home.
The insurance claims process is complex, but we can help. Our Texas insurance claims lawyers are dedicated to getting you a fair settlement. Keep reading to learn more about the freeze damage claims process and how we can help.
Types of Freeze Damage Homeowners May Experience in Texas
Freezing temperatures can affect your entire home. Here are some specific types of property damage that you may need to file a property damage claim for after a freeze:
- Frozen pipes
- Water damage caused by burst pipes
- Mold damage
- Roof damage from ice dams
- Structural damage caused by water seeping into cracks in walls or the foundation and freezing
- Damage caused by massive power outages
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.
Homeowner’s Insurance Coverage for Water Damage Claims in Texas
Homeowner’s insurance will typically cover water damage caused by freezes, as long as it is a sudden, unexpected event.
However, it’s important to fully read your insurance policy to see what exclusions may apply to your situation. For example, your insurance provider may deny coverage if it deems you were negligent and did not protect your property adequately. So, if you turned your heat off during freezing weather or did not properly insulate your pipes, you may not be able to receive compensation for the damage.
Note that if you are a renter, the property owner likely has a policy that covers structural damage to the dwelling. However, their policy won’t cover your personal property. If you have renter’s insurance, your policy should cover water damage to your belongings.
What Should You Do If Freezing Temperatures Have Caused Damage in Your Texas Home?
When freezing temperatures have caused damage, the first thing you should do is try to mitigate the damage as much as possible.
If a pipe is leaking or has burst, shut off the water supply immediately. Dry the area to the best of your ability to prevent further damage to flooring and walls and curb mold growth. Move belongings away from the area.
Also take photos of all visible damage, as this can be helpful documentation for your insurance claim.
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How to File a Freeze Damage Claim in Texas
When freeze damage has happened, you should file your claim as soon as possible. The claim process generally goes as follows:
Notify Your Insurance Company
Contact your insurer as soon as you discover the damage. Many companies have 24/7 hotlines or online portals for filing claims. When doing so, you should provide a brief description of the damage and the date it occurred. Be as honest and accurate as possible.
Obtain a Claim Number
The insurance adjuster assigned to your case will issue a claim number. Keep it handy for all future communications related to your claim. This can help speed up the process when checking on your claim’s progress.
Secure Temporary Repairs
Take steps to prevent further damage, such as covering exposed areas. Save receipts for any temporary repairs, as these costs may be reimbursable. However, don’t make any permanent repairs yet, as that could lead to a claim denial.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Working with Insurance Adjusters on Your Freeze Damage Claim in Texas
Navigating the claims process often involves working closely with an adjuster from your insurance carrier. Their role is to assess the damage and make a settlement offer. Here’s how to ensure a fair assessment and protect your interests:
Be Prepared and Organized
Have all your documentation ready, including photos, videos, receipts, and repair estimates. This shows you’re informed and serious about your claim.
Be Honest
Provide accurate descriptions of the damage and how it occurred, but avoid making speculative or exaggerated claims. You should be clear about the extent of the damage and its impact on your home. Highlight safety concerns or uninhabitable conditions.
Stay Professional
Maintain a calm and respectful tone during all interactions, even if you feel frustrated. A professional approach can foster cooperation.
Ask for a Written Summary
Request a copy of the adjuster’s assessment report to review the findings and ensure all damages have been noted.
If an insurance claims attorney represents you, they can handle all communication with the insurance adjuster for you, so you don’t need to worry about saying or doing anything that may harm your claim.
What Should You Do if Your Insurance Provider Denies Your Freeze Damage Claim in Texas?
If your insurance company denies your freeze or water damage claim or offers an unfairly low settlement, take these steps:
Review the Denial Letter
Carefully read the insurer’s explanation and compare it to your policy terms. Look for inaccuracies or overlooked details. If the denial is due to lack of information, see if it is information that you can provide.
Request Clarification
Contact your insurer to discuss the denial. Ask for specific reasons and whether additional documentation could change the decision.
File an Appeal
Submit a written appeal with supporting evidence, such as repair estimates or expert opinions. Follow the insurer’s dispute process outlined in your policy.
File a Complaint
If unresolved, file a complaint with the Texas Department of Insurance (TDI) for assistance.
Seek Legal Help for Bad Faith
In Texas, insurers acting in bad faith—such as denying legitimate claims without a valid reason—may face legal consequences, per Texas Insurance Code § 541.001.
If you hire a Texas bad faith insurance claims lawyer to help you, they can handle all the above steps and explore legal remedies if your insurer is acting in bad faith.
Get Help From a Texas Homeowners Insurance Claim Lawyer Today
If freezing temperatures have caused damage to your home, you’re likely stressed about repairing the damage and covering the costs of destroyed personal belongings. One of our Texas insurance claims lawyers can help you navigate the complicated process of recovering compensation for your losses.
At Carrigan & Anderson, PLLC, we offer compassionate legal representation. Our fees are based on contingency, which means you’ll only owe us for your case if we recover compensation for you. Contact us today for a free case review. We can answer your questions about freeze damage claims and give you sound legal advice regarding your next steps.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
