Hail or Wind Claim Denied in Texas? What to Do in the First 30 Days
Insurance companies deny and underpay Texas hail and wind claims every storm season. What you do in the weeks after a denial often decides whether you can recover. Here is a practical checklist, based on the deadlines in the Texas Insurance Code.
Know the insurer's deadlines
Under Chapter 542 of the Insurance Code, the Prompt Payment of Claims Act, an insurer generally must acknowledge your claim, start investigating and request what it needs within 15 days of receiving notice (§ 542.055). Once it has everything it asked for, it generally has 15 business days to accept or reject the claim in writing and give its reasons if it rejects (§ 542.056). If it needs more time, it must say why, and it then has 45 days. An insurer that misses these deadlines on a valid claim can owe interest and attorney's fees on top of the claim (§ 542.060). Exceptions apply, including longer deadlines for surplus lines insurers.
Step 1: Get the denial or the payment breakdown in writing
Ask for the denial letter, the adjuster's report and the estimate, and keep every email and letter. If the insurer paid less than your contractor's estimate, compare the line items. Disputes often turn on scope: roof sections, decking, interior water damage or code-required upgrades that the estimate left out.
Step 2: Document the damage again
Take dated photographs and video. Keep damaged materials if you can, and keep receipts for emergency repairs, since policies generally expect you to protect the property from further damage. A written estimate from an independent roofer or contractor can help show what the insurer missed.
Step 3: Read the policy for deadlines and the appraisal clause
Policies often include their own deadlines to report a loss and to sue. Texas does not allow a contract to shorten the time to sue to less than two years (Civ. Prac. & Rem. Code § 16.070), but the policy language still matters. Many property policies also include an appraisal clause for disagreements about the amount of loss, which can be a faster route than a lawsuit.
Step 4: Watch the 61-day notice rule
For many weather-related property claims, Chapter 542A requires written notice to the insurer at least 61 days before you file suit. The notice must state what the insurer did or failed to do, the specific amount you say is owed, and the attorney's fees incurred (§ 542A.003). Weather claims also use a different interest rate than other claims (§ 542.060(c)). Skipping or botching the notice can lead to abatement or reduced recovery, so do not wait until the last week.
Step 5: Talk to a lawyer before you accept a final payment or sign anything
Releases, final payment letters and "proof of loss" forms can limit what you recover later. A lawyer can read the policy, track the deadlines and handle the notice.
If your insurer denied, delayed or underpaid a property claim, see our page on insurance claim denials in San Antonio and Laredo, or call (210) 660-8548.
This post is general information, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and exceptions may apply to you. Attorney advertising. Prior results do not guarantee a similar outcome. Christian A. Davila Cobos, San Antonio, Texas, is responsible for the content of this post.
