Texas homeowners make more claims for hail damage than do homeowners in any other state. This is a pattern that the Insurance Information Institute has been keeping track of for many years. Together with wind and hurricane risk along the Gulf Coast (Corpus Christi to Galveston and the Houston area), these factors lead the Texas Department of Insurance (TDI) to receive constant complaints each year about delayed payments and insufficiently paid claims. If you have a house in Texas, the chances are greater than in almost any other part of the country that you will have to file a claim at some stage.
Texas has its own prompt payment law, its own rules for pre-suit notice on storm-related claims, its own coastal wind pool insurer, and unique provisions governing wind and hail deductibles—standards most other states do not follow. As a Texas attorney who represents homeowners in insurance claim disputes, we give every client the same guidance. The steps you take in the days before you file your claim will determine whether Texas law works in your favor or is later used against you. The following article looks at those steps, the ones that really have legal significance under Texas law, not the general ones you’ve already seen elsewhere.
Step 1: Read Your Actual Declarations Page and Endorsements, Not Just the Summary
Before carrying out anything else, make sure you get your full policy rather than the one-page summary that your agent sent you. The Texas homeowners policies (typically referred to as HO-A, HO-B, or HO-3 forms) differ greatly in the coverage they provide and in the way they calculate your deductible. Be sure to focus on two points:
- The deductible for wind or hail damage. Most insurance companies in Texas use a separate, percentage-based deductible for damage caused by windstorms and hail, generally in the range of 1 percent to 5 percent of your home’s coverage limit, rather than the fixed sum that applies to other types of loss. If your dwelling coverage is $300,000 and your wind-and-hail deductible is 2 percent, you pay the first $6,000 of damage yourself. That is not a flat amount like the $1,000 or $2,500 deductible that applies to fire or theft.
- In Texas it is common to find endorsements relating to roof coverage, which pay out the actual cash value rather than the replacement cost when the roof is over a certain age, and this can make a big difference to the amount you actually get.
When you know these amounts in advance, you can decide whether to file a claim, and you will not face unwelcome surprises when you receive your settlement check.
Step 2: Confirm Whether You Are Insured Through a Standard Carrier or TWIA
If your property is located in one of the 14 first-tier coastal counties or in the part of Harris County that has been designated, you could have coverage for wind and hail via the Texas Windstorm Insurance Association (TWIA). This is the state’s insurer of last resort for coastal wind damage, instead of through your usual homeowners insurance company. TWIA policies have different forms, claim-reporting procedures, and deadlines than those of a standard insurance company. Making a wind claim with the wrong organization, or believing your homeowners insurer provides coverage for wind damage when TWIA does, will waste time that can’t be recovered. So, before filing any claim, check your declarations page to see whether you have a TWIA policy number.
Step 3: Document the Damage Before You Touch It, Room by Room
To comply with Texas regulations, you have to take reasonable steps to prevent the damage from worsening. For example, by covering a hole in the roof or turning off the water when a pipe has burst. However, this duty does not imply that you should carry out permanent repairs before an adjuster has looked at the damage. Until any repair work starts:
- Go through all affected rooms and the outside area. Use your phone to record a video while describing in real time what you see, including the date.
- Take well-lit, individual still photographs of each damaged. Take some close-ups and others from a distance to show the context.
- Photograph the model and serial number plates on damaged appliances, HVAC units, and water heaters.
- Instead, store damaged materials (such as shingles, siding samples, and flooring) in a box with a label.
This record will then serve as the standard for both your insurer’s adjuster and you. If needed, your own expert will compare the subsequent claims against. Homeowners who complete repairs first and document them later often have their claims disputed because the damage “could not be verified.”
Step 4: Get an Independent Inspection Before You Speak With the Insurer’s Adjuster
In Texas, roofing contractors do not need a state license. The quality and honesty of the companies that show up after a hailstorm can vary widely. When you are preparing to make a claim—particularly for damage to the roof, foundation, or structure—obtain a written inspection report from a contractor or licensed engineer that you have found on your own, not one who turns up unsolicited after the storm. This lets you set your own baseline for repair scope and cost. You can compare your estimates against those the insurance company’s adjuster presents. It also protects you from so-called storm chasers who try to get you to sign contracts before you even file your claim.
Step 5: Separate Evidence of Pre-Existing Conditions From Storm Damage
It is common for insurance companies based in Texas to refuse or lower claims for damage caused by hail and wind by attributing the damage to normal wear, the age of the property, or a previous storm rather than to the incident you are making the claim about. Therefore, before you file a claim, collect any evidence that shows the condition of your roof and home right before the loss occurred:
- Invoices or warranties from your last roof replacement or repair
- Any prior inspection report from a home purchase, refinance, or previous insurance renewal
- Dated photos from before the loss, including exterior photos from listing sites, HOA records, or your own phone
By having the evidence ready before you submit the claim, rather than having to hunt for it after the insurer has denied it, you eliminate the insurer’s most straightforward method of challenging your claim.
Step 6: Understand That a Disputed Storm Claim May Trigger a Pre-Suit Notice Requirement
Under Texas Insurance Code Chapter 542A. The chapter was enacted by House Bill 1774 in 2017. It sets special provisions for claims arising from natural forces such as hail. Wind and hurricanes also fall under the rule. As a general rule you cannot sue your insurer or its adjuster over a denied or underpaid weather-related claim until you send a detailed pre-suit notice at least 61 days in advance. The notice must identify the specific acts or omissions you dispute. It must also state the amount you believe you should recover. You do not need to send this notice when you first file your claim. Even so, the record-keeping steps outlined in Steps 3 through 5 provide exactly what your lawyer will need if your claim is later denied and you must then prepare and deliver the notice. Building your file properly from the start will save you weeks later.
Step 7: Decide, Before You File, Whether You Want Help Filing
When you make a claim, the clock towards the insurer’s deadline for responding begins to run in accordance with Texas law (as shown in the table below). In cases where you already know that the claim is likely to be large, disputed, or complex. For example, in the case of a complete roof loss, foundation movement, or a mold-related claim—it is advisable to decide before filing whether or not you want a public adjuster or an attorney to be involved from the beginning, rather than only after a rejection has been made. Getting help earlier ensures that your initial claim documentation is set up correctly the first time.
Texas Prompt Payment of Claims Act: Deadlines to Calendar the Day You File
The Prompt Payment of Claims Act, which is Chapter 542 of the Texas Insurance Code, establishes strict time limits within which your insurance company must respond after you have filed a claim. When you submit your claim, note these dates on your personal calendar so you know precisely when your insurer fails to comply.
| Insurer Obligation | Statutory Deadline | Texas Insurance Code Section |
|---|---|---|
| Acknowledge receipt of your claim | Within 15 days of receiving notice of claim | Sec. 542.055 |
| Request any additional information needed | Within 15 business days of receiving notice of claim | Sec. 542.055 |
| Accept or reject the claim in writing | Within 15 business days after receiving all requested items (may be extended once, by up to 45 additional days, for good cause with written notice to you) | Sec. 542.056 |
| Pay an accepted claim | Within 5 business days after notifying you of acceptance | Sec. 542.057 |
You could be entitled to statutory interest and attorney’s fees together with the amount of your claim if your insurer fails to meet these deadlines without first obtaining a valid extension. You should check the current statutory provisions directly. The sections of the insurance code are sometimes amended.
Pre-Filing Documentation Checklist by Type of Damage
| Type of Damage | Priority Evidence to Gather Before Filing |
|---|---|
| Hail or wind (roof, siding, fencing) | Date-stamped photos of hail impact marks, independent roofing inspection, prior roof age documentation, local storm date reports |
| Water or plumbing | Photos of the source of the leak before repair, moisture readings if available, plumber’s written diagnosis of the cause |
| Fire or smoke | Fire department incident report, photo inventory of damaged contents room by room, receipts for any emergency temporary repairs |
| Foundation movement | Engineer’s written report on cause and extent, photos of interior and exterior cracks with a ruler or coin for scale, prior foundation repair records if any |
Texas Claim Preparation
Preparing to File a Property Damage Claim in Texas?
Taking the right steps before contacting your carrier can make or break your settlement. Documenting damage thoroughly, completing mandatory emergency repairs, and verifying specialized coastal requirements—like WPI-8 windstorm certificates—protects your rights and prevents common insurer delay tactics. Contact our property loss specialists today for expert guidance on preparing and filing your Texas home insurance claim.
Frequently Asked Questions
Does Texas law specify a deadline for reporting storm damage to my insurance company?
Most ordinary Texas homeowners’ insurance policies ask you to report a loss “as soon as practicable” or “promptly” rather than specifying a fixed number of days. You should read the clause in your policy concerning the notice of loss carefully. When the Texas Windstorm Insurance Association provides your coastal wind damage coverage, the rules and deadlines for reporting follow TWIA’s plan of operation. TWIA sets these standards separately. They may be stricter than those that apply to standard insurance carriers. You should verify current requirements directly with TWIA rather than assume that standard timelines apply. Even when no statutory deadline exists, you must report your loss in a timely manner. If you delay reporting for several months, your insurer may claim that the delay harmed its ability to investigate properly. The carrier may then use that prejudice argument to deny or reduce your claim.
How long do I have to bring a lawsuit if my Texas insurance company refuses my claim?
Most home insurance policies in Texas include a “suit against us” clause that obliges you to bring a lawsuit within two years and one day of the date of the loss. Texas courts have usually upheld these contractual time limits. Moreover, claims relating to natural forces are subject to further procedural requirements under Chapter 542A, among them the pre-suit notice period mentioned above, which in effect reduces the actual time you have in which to take action. Since the precise deadline will vary based on the wording of your policy and the type of claim you are making. Do not wait until you are close to any deadline you think applies. Contact a Texas lawyer as soon as you receive a denial or a lowball offer.
Can my Texas homeowners insurer cancel my policy or refuse to renew it because I made a claim?
Under Texas law, an insurance company is limited in its ability to cancel a policy during the term. It is generally not possible for an insurer to cancel your policy just because you have made one valid weather-related claim. During the renewal period, however, insurers have more freedom. State law generally requires only advance written notice of non-renewal, not a specific reason tied to your claims history. If you think that your policy has been canceled or not renewed improperly, you can file a complaint directly with the Texas Department of Insurance, since that department keeps records of such disputes and can get involved or look into any patterns of improper non-renewal.
What does the term “appraisal” mean under a Texas homeowners policy, and when should you use it?
Policies commonly include an appraisal process to resolve contractual disputes. You use it to settle disagreements over the value of a covered loss without going to court. Most Texas homeowners insurance policies include this procedure. Both parties choose their own independent appraiser. The two appraisers then select a neutral umpire, and if they disagree, the umpire’s decision—provided at least one appraiser agrees—becomes binding as to the amount of the loss. The appraisal process only sets the value of a covered loss. It does not decide whether the policy covers the claim at all. You therefore use appraisal only after your insurance company accepts the claim. However, you may still disagree with the payment amount, even after completing the steps above.
Will obtaining a home insurance claim cause my premium to go up in Texas?
This matters most when you file a second claim within a few years or when your claim involves water or foundation damage. Texas insurers treat these types of claims with extra care because they associate them with future losses. A single weather-related claim, for example, one that causes damage to an entire neighborhood at the same time, is less likely on its own to result in a significant increase in your individual premium than a claim associated with a maintenance problem such as a slow plumbing leak. Insurers follow different rating practices, and they submit those practices to the Texas Department of Insurance for review. You should ask your agent directly how a given claim will affect your renewal premium before you decide whether to file a smaller claim.
How can I check that a public adjuster in Texas is properly licensed, and how much can they charge?
Any public adjuster who operates in Texas is required to have a current license from the Texas Department of Insurance. You should check this using TDI’s license lookup tool before agreeing to anything. Contracts for public adjusters in Texas have to be in writing and generally state a fee based on a percentage of the settlement you eventually receive. You should carefully examine the fee percentage and any cancellation clauses before signing. It can be difficult to get out of these contracts once the adjuster has started work. If someone approaches you door-to-door after a storm and cannot provide a current TDI license number when asked, do not sign anything and report the incident to TDI.
