Water damage can quickly damage or destroy your Texas home or business. Water can seep into unseen spaces and cause damage before you know it. If your property suffered water damage but your insurance company denied your claim, a lawyer in your area can clarify your options.
A Corpus Christi property insurance claims lawyer can help you file an appeal and collect evidence that proves your right to financial recovery. A lawyer can also help if the insurance company approved your claim, but your compensation offer is unreasonably low. Most law firms will offer a free water damage insurance claim review and help you seek a fair financial recovery.
What to Expect When You File an Appeal for a Denied Water Damage Claim
Experiencing water damage at your home or business can be stressful. Having the insurance company you relied on deny your claim can only add to your stress and frustration. Your insurance company might deny your water damage claim for various reasons. When this happens, it typically means:
- You can write a complaint letter to the Texas Department of Insurance (TDI).
- You can seek legal support from a local attorney to file an official appeal.
Your denied claims attorney will describe each step in the appeals process and be at your side from start to finish. Your lawyer can investigate why your insurance provider denied your water damage insurance claim.
Types of Water Damage Claims and Which Insurance Policy Might Cover Them
Your homeowners’ insurance policy might provide coverage if the damage to your home was caused by:
- A broken appliance hose
- An overflowing toilet
- A broken appliance
- Damaged pipes
- A faulty HVAC unit
- A faulty water heater
- Sump pump failure
- Resulting mold damage
Your commercial insurance policy might provide coverage for water damage to your business, depending on the policy type, including:
- Property insurance
- Flood insurance
- Business Owners’ Policy (BOP)
Your Corpus Christi insurance claims lawyer will review your policy or policies in detail and assess the types of water damage that are covered.
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.
Why Insurance Adjusters Deny Residential and Commercial Water Damage Claims
If your insurer denies your claim, they must provide you with a reason. The first step to an effective appeal is knowing why they rejected your original claim. Your lawyer will review any documentation related to your claim denial. They will also examine your insurance policy in detail, including fine print and addendums.
Did You File Your Water Damage Claim Time?
Texas Civil Practice and Remedies Code § 16.003 generally gives you two years to file a claim with your insurance company. The insurer might also have a policy that limits the time you have to file your claim. Your lawyer can help you meet all required notification and filing deadlines.
How Extensive is Your Water Damage?
If the extent of the damage does not exceed your insurance deductible, the insurer will deny your claim. In this case, it would be financially advantageous to handle your claim without tapping into your insurance since a claim may also trigger a rate increase.
Was Your Initial Claim Complete and Accurate?
Your water damage insurance claims lawyer can help you correct your claim and any typos or errors of omission. If needed, your lawyer can also help you add additional evidence to your claim, including photos, videos, bills, receipts, and estimates.
Is Water Damage Excluded as a Covered Loss?
Not all types of water damage are covered by a single policy. For example, your insurance might cover mold damage, but not flood damage. You might also have a separate policy for specific types of water damage.
What to Do if the Insurer Denied Your Claim Due to Bad Faith Insurance Tactics
Sometimes, it can be hard to identify bad faith insurance practices, and it can be equally difficult to know what to do about it. The insurance company—homeowners’ or commercial—must comply with all of Texas’ insurance laws and regulations. If they do not, they could face serious consequences.
What Constitutes Bad Faith Insurance Tactics in Texas?
Your insurance company must handle your claim straightforwardly and honestly. According to Texas Insurance Code § 541.060, all of the following are considered acts of bad faith:
- Failure to investigate your claim promptly
- Intentionally lowballing your compensation
- Falsifying all or part of your insurance policy
- Failure to acknowledge your claim
- Denying your claim without explanation
- Unwarranted delays in handling your claim
This list is not exhaustive. If the insurance provider denied your water damage claim for any unscrupulous reason, your lawyer can help you hold the insurer financially liable, according to bad faith insurance claim laws in Texas.
Representing the injured in all areas of Texas that extends back over 40 years
The Best Time to Hire a Water Damage Claims Attorney
The sooner you hire a lawyer to deal with the insurance company, the better. While you focus on taking care of your home and family, your lawyer will:
- Assess your water damage
- Document your covered losses
- Consult construction experts
- Review your original claim
- Collect additional evidence
- Negotiate for a fair settlement
If your lawyer represents you in an appeal, they will fight for your recovery all the way through the litigation process, if necessary. However, this is rare, as most claims settle before going to court.
Most Property Damage Lawyers Will Accept Your Case on Contingency
Lawyers who represent you on contingency will not require you to pay anything upfront or out of your pocket. Instead, they will accept a percentage of your compensation as their fee. If you do not recover damages, you will not owe the law firm any legal or attorney’s fees.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Get a Free Review of Your Water Damage Insurance Claim or Appeal
If your residential or commercial property was damaged by water and the insurance company denied your claim, you do not have to give up on your pursuit of compensation. Our property damage lawyers can help you file an effective appeal.
Learn more about how you can keep fighting for the insurance coverage you need and deserve. Contact our consultation team at Carrigan & Anderson, PLLC today to start fighting back.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
