As Seen on KPRC Channel 2 Interview with Bill Spencer
If your property was damaged by Hurricane Beryl, you are likely in the process, or about to
begin the process of filing an insurance claim. Many people will only experience one or two
insurance claims in their lifetime, and do not know how to navigate this uncertain time. While
every claim will differ somewhat, these four tips will help you begin this process, and ensure you
are treated fairly by your insurance company.
1. Document your damages
If you experienced a tree falling on your property, wind damage to your roof, water damage to your home’s interior, before you begin any cleanup (including removing the tree), TAKE PHOTOGRAPHS of the damages you can see. Walk your property, look for anything out of place: shingles in your yard, limb/tree debris, parts of the house that may have blown off, and photograph them as you see them. Walk through your house with a bright flashlight and shine it on the ceilings and walls, looking for water spots. If you see water spots, photograph those as well. If you are displaced from your house, keep track of your expenses, including receipts, as those expenses may be covered by your insurance.
2. File your Claim IMMEDIATELY and in writing
Policyholders have responsibilities following a loss, which are contained in the policy. One of those responsibilities is the duty to report a claim “PROMPTLY” after the damages occur. Failure to “promptly” file the claim can put your coverage in jeopardy. Especially for a Hurricane Beryl claim where we are in the middle of summer storm season in Texas. If you wait to file your claim and your property is damaged further by some other storm or event before your insurance company gets to see it and investigate, you could be putting those damages at risk of not being covered.
Next, insurance companies have certain statutory deadlines they must comply with in the handling of insurance claims, which are contained in the Prompt Payment of Claims Act in the Texas Insurance Code. However, in order to trigger those deadlines, the insurance company must be given written notice of the claim. Check your insurance company’s website, most of them will have an online portal for you to fill in the information and file the claim electronically – that counts. But simply calling your agent and saying you have damage is not enough.
3. Do not potentially reduce or minimize your loss or damage with the adjuster
After you file the claim the insurance company will likely send out an adjuster to inspect the property. The adjuster will ask what all you have observed at the property, and will likely ask you questions about the property’s age, condition, etc. prior to the storm. While you should always be honest with the adjuster, do not guess or speculate in your answers. If you have roof damage, the adjuster will likely ask if you have any interior damage. Even if you haven’t seen any yet, you may not know what interior damages there are, since water can take a long time to show itself if your roof is leaking. Do not simply state that you have no interior damage, tell the adjuster that you do not know what all has been damaged, and ask them to inspect and evaluate – that’s their job. If you say you don’t have interior damage, and then some damage is discovered later, the insurance company could raise a coverage issue based on you telling them there was no damage.
4. Do not throw anything away
If you have damaged personal property, parts of your home blown or ripped off, broken
windows, etc. do not throw those items away until after the insurance company has had the opportunity to inspect them. If you have damaged personal property, but you throw it away before the insurance company has been able to inspect it, you may risk forfeiting coverage for that property under a legal doctrine called “spoliation.” You have a duty to protect your home and property from further damage, so you can move damaged property to a safe location, but keep it, or maintain access to it, until the insurance company can inspect.
Final Thoughts
Insurance claims can be extremely stressful following events like Hurricane Beryl. Green Klein Wood & Jones has made our business protecting policyholders in these situations, and we have helped thousands of policyholders through the years. If you have any questions/concerns, or simply want a resource to discuss options and how to proceed, we are here to help you. We are nationally present, but Houston-based, and we have decades of insurance law experience at our disposal. Please don’t hesitate to reach out to us. A phone call will cost you nothing, and you will not be pushed to hire a lawyer by simply calling in and asking for advice. We handle dozens of calls per week on claims that resolve on their own and never require our involvement. We believe in being good neighbors, even when your insurance company doesn’t.
