Texas frequently experiences severe weather events, including hurricanes and hailstorms, which can cause significant property damage. Property owners need to understand the claims process to ensure they receive fair compensation for their losses.
Legal Standards and Rules
The Texas Prompt Payment of Claims Act (TPPCA) imposes deadlines on insurance companies to promote the timely payment of claims. Kester v. State Farm Lloyds, 692 S.W.3d 670; Certain Underwriters at Lloyd’s v. Prime Natural Res., Inc., 634 S.W.3d 54. Chapter 542A of the Texas Insurance Code governs first-party claims for property damage caused by natural disasters. Rodriguez v. Safeco Ins. Co. of Ind., 684 S.W.3d 789; Rosales v. Allstate Vehicle & Prop. Ins. Co., 672 S.W.3d 146. Additionally, proof of loss must be filed within a reasonable time, but not less than 90 days. Tex. Ins. Code § 343.101.
Process of Filing Property Damage Claims
The TPPCA and Chapter 542A establish the procedures for filing property damage claims. Insurance companies must adhere to specific deadlines to facilitate prompt payment. Property owners should familiarize themselves with these requirements to avoid unnecessary delays.
Documenting Damage
Proper documentation is essential for a successful claim. Property owners should:
- Take detailed photographs of the damage.
- Keep receipts for all repairs.
- Maintain records of communication with the insurance company.
An insurance adjuster will inspect the damage, and thorough documentation strengthens the claim. Tex. Ins. Code § 2.04 emphasizes the importance of establishing when the damage occurred.
Understanding Policy Coverage
Understanding the details of an insurance policy is critical. Most policies cover damage caused by windstorms, including hurricanes and hail. Mankoff v. Privilege Underwriters Reciprocal Exch., 2024 Tex. App. LEXIS 594; Circle “C” Ranch Co. v. St. Paul Fire & Marine Ins. Co., 1993 Tex. App. LEXIS 1291. The Texas Insurance Code defines a “claim” to include damage caused by natural forces such as hail and wind. Tex. Ins. Code § 542A.001(2).
Importance of Timely Filing
Timely filing is critical for receiving fair compensation. Insurance policies require claims to be filed within a reasonable time. Delays can result in reduced compensation or claim denial. The law also limits the ability to recover attorneys’ fees if the calculated amount falls below 0.2. Tex. Ins. Code § 343.101.
Conclusion
To secure fair compensation for property damage resulting from hurricanes and hailstorms, property owners must understand the claims process, document damage thoroughly, review policy coverage, and file claims promptly. These steps will help ensure compliance with Texas law and maximize recovery under an insurance policy.
If you need assistance with a hurricane or hail damage claim, The Woodlands Law Firm can help. Contact us at (832) 626-0116 or schedule a free 15-minute consultation at https://woodlandslaw.cliogrow.com/book to discuss your case with an experienced attorney.
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