Answers To Frequently Asked Questions About Property Insurance And Damage Claims
Both private homeowners and owners of commercial property may suddenly face many time-sensitive decisions after a loss event. It can be hard to know where to start on the road to recovery, even with insurance in place. When insurers put up obstacles, even more questions come up. The attorneys at The Loyd Law Firm, in Houston, regularly answer questions for clients and potential clients, such as the following:
Q: What Types Of Losses Are Normally Covered Through Insurance Claims?
A: Policies vary, but many homeowners’ insurance policies cover damage by fire, lightening, sudden and accidental release of water or smoke, explosion, theft, vandalism, damage through riots and civil unrest, collisions of aircraft or vehicles, windstorms, hurricanes or hail. (Note: Gulf Coast properties are often only insurable through alternative means).
Commercial property insurance policies cover the costs of repairing and replacing buildings and business properties after fires, storms or other events explicitly covered under the policies. Depending on the type of policy, such events may include hail, lightning, explosions, smoke, vandalism, aircraft and vehicle crashes, civil unrest, sinkholes, leaking sprinklers or appliances, collapsing walls and other structures, falling objects; heavy ice, sleet, or snow; and, in some cases, replacement of some lost income if a business can not operate normally.
Q: If My Property Has Suffered Wind Damage Or Any Other Type Of Damage, What Should I Do Next?
A: First step is to contact your insurance company. Then take steps to prevent further damage with temporary repairs and keep receipts, but do not contract for permanent repairs before getting authorization from your insurance company. Check out our article “A Policyholder’s Guide to the Insurance Claim Process” and call us for a free consultation if you have trouble getting your claim paid.
Q: What Is The Best Way To Get An Accurate Assessment Of The Scope Of The Damage?
A: Get more than one estimate. Work with reliable companies. For greater reassurance, ask an insurance claims attorney for guidance after a loss event and throughout the recovery process.
Q: What Evidence Do I Need To Support My Property Damage Claim?
A: To successfully file a property damage claim, gathering solid evidence is crucial. Start by taking clear photographs or videos of the damage from multiple angles. Document the date and time of the incident, and include any supporting details like weather conditions. If applicable, obtain repair estimates, receipts for damaged items or appraisals for replacement costs.
Additionally, securing witness statements from individuals who saw the damage occur can strengthen your claim. If law enforcement was involved, include copies of police reports or other official documentation. Keeping detailed records can improve your claim as well.
Q: How Long Does The Property Damage Claims Process Typically Take?
A: The timeline for resolving a property damage claim usually varies based on the complexity of the case and the responsiveness of the insurer. In straightforward cases, it may take several weeks from initial filing to settlement.
However, delays can occur if more extensive investigations or evaluations are needed – or if there are coverage disputes. Promptly providing requested documentation and responding to insurance inquiries can help expedite the process.
Q: What If The Insurance Company Denies My Property Damage Claim?
A: If your property damage claim results in denial, a good first step is to carefully review the denial letter and the stated reasons it was declined. Next, compare the letter against your policy to make sure the denial aligns with your coverage.
If you believe the denial is unjustified, gather additional evidence that can help you prove your case and file an appeal. Consulting with a property damage claims attorney can provide invaluable guidance and assistance during the appeal process, especially if disputes escalate further.
Q: How Do I Negotiate With An Insurance Adjuster To Get A Fair Settlement For My Property Damage Claim?
A: Successful negotiations with an insurance adjuster require preparation and persistence. You will need to present thorough documentation of the damage, including evidence supporting your repair or replacement estimates.
Clearly outline how the damage occurred and emphasize why your claim aligns with the policy coverage. Listen to the adjuster’s perspective and respond confidently. If the offer seems low, counter it with detailed reasoning and supporting documentation.
A seasoned attorney can step in to advocate on your behalf amidst negotiations with insurance companies.
Q: Can I reopen a closed property damage claim if I discover additional damage?
Yes, in some situations, you may be able to reopen a closed property damage claim if previously hidden or undiscovered damage comes to light. Whether a claim can be reopened depends on your insurance policy, the reason the claim was closed and any applicable deadlines.
You should document the newly discovered damage with photographs, inspection reports and repair estimates as soon as possible. Promptly notifying your insurer and providing supporting evidence may improve your chances of having the additional damage reviewed.
Q: What are my rights if my insurance adjuster undervalues my damage?
You have the right to question an insurance company’s valuation if you believe it does not reflect the true cost of repairing or replacing your property. Insurance adjusters do not have the final word and policyholders may submit additional documentation supporting a higher value.
Independent contractor estimates, engineering reports, photographs, invoices and expert evaluations can all help demonstrate the full scope of the loss. If the insurer continues to rely on an unreasonable valuation, you may have options through the policy’s dispute resolution procedures or other legal remedies available under Texas law.
Q: What constitutes insurance bad faith in property damage cases?
Insurance bad faith generally occurs when an insurer fails to meet its legal obligations while handling a valid claim. Examples may include denying a covered claim without a reasonable basis, conducting an inadequate investigation, misrepresenting policy provisions or causing unnecessary delays in processing or payment.
Not every claim dispute amounts to bad faith. Legitimate disagreements over coverage or the amount of a loss may occur. However, when an insurer acts unfairly or violates its obligations under the policy or Texas law, additional remedies beyond the value of the claim itself may become available.
Q: What can a lawyer do that I cannot do myself with my claim?
An attorney can evaluate your policy, identify overlooked coverage and gather evidence that fully documents your loss. Lawyers also understand how insurers interpret policy language and recognize tactics used to reduce or delay payment.
If negotiations stall, an attorney can communicate directly with the insurance company, challenge unsupported claim decisions and pursue litigation when necessary. Legal representation helps hold insurers accountable under the policy and applicable law while allowing you to focus on repairing your property and moving forward.
Q: Why Hire Us?
A: Our attorneys are trial tested and proven and have had great success against the biggest and most respected insurance carriers.
How Can I Get Answers To My Specific Questions?
Call us at 210-775-2234 or send an email inquiry.