Property damage can be overwhelming for Texas property owners, whether caused by severe weather, construction defects, or unforeseen accidents. Understanding the claims process, insurance coverage, and potential legal hurdles is essential for securing compensation and protecting your property's value.

Common Causes of Property Damage in Texas

Texas property owners face a range of risks, including:

·         Severe Weather: Hurricanes, tornadoes, hail, and flooding frequently impact Texas homes and businesses.

·         Fire & Smoke Damage: Electrical issues, wildfires, or accidental fires can cause significant structural loss.

·         Construction Defects: Poor workmanship, foundation issues, or code violations may result in damage claims.

·         Plumbing & Water Damage: Burst pipes, roof leaks, and sewer backups can lead to costly repairs.

Filing a Property Damage Claim: Key Steps

When damage occurs, taking swift action can make the claims process smoother. Here's what property owners should do:

1️. Document the Damage – Take photos and videos immediately after the damage occurs. Keep records of receipts for temporary repairs.

2️. Review Your Insurance Policy – Understand your coverage, including exclusions and deductibles. Texas homeowners and commercial policies vary in scope.

3. Report the Damage Promptly – Most insurance companies require policyholders to file claims within a specific timeframe. Delayed reporting may result in denial.

4️. Obtain a Professional Inspection – A licensed contractor, public adjuster, or structural engineer can provide an independent assessment of damages.

5️. Negotiate with Insurers – Insurance companies may undervalue or deny claims. Property owners should be prepared to negotiate or seek legal assistance if needed.

Disputing a Denied or Underpaid Claim

If an insurance company denies or undervalues a claim, property owners have options:

·         Request a Detailed Explanation: Insurers must provide a written explanation for denials.

·         Hire an Independent Adjuster: A public adjuster can assess damages independently.

·         File a Complaint with the Texas Department of Insurance (TDI): Policyholders can challenge unfair claim practices.

·         Seek Legal Support: If disputes persist, legal guidance may be necessary to enforce policyholder rights.

Legal Considerations for Property Damage Claims

Texas law provides protections for property owners navigating damage claims, including:
🔹 Bad Faith Insurance Practices: Insurers must handle claims fairly and in good faith.
🔹 Statutes of Limitations: Property owners generally have two years to file a lawsuit for denied claims.
🔹 Liability Considerations: If damage is caused by a third party (e.g., a contractor or neighboring property owner), additional legal avenues may be available.

Navigating a property damage claim requires diligence, from documenting losses to negotiating fair compensation. By understanding Texas laws and insurance policies, property owners can take informed steps to protect their investments. If you're facing a complex property damage claim, The Keller Firm offers insights and resources to help property owners manage disputes effectively.

This website is for informational purposes only and does not constitute legal advice. Do not act or refrain from acting based on the content of this site. Use of this site or communication with The Keller Firm through this site does not establish an attorney-client relationship.