In Texas, Insurance companies are legally obligated to investigate, adjust, and settle claims in good faith. As per Texas Law, an insurance company is REQUIRED to respond to a claim that is filed. Section 542.055 of the Texas Insurance Code provides that an insurer must do the following within 15 days of receiving notice of a claim from a claimant: 

  • Acknowledge receipt of the claim;
  • Commence an investigation into the claim; and 
  • Request relevant information, statements, and forms from the claimant to assist with the investigation of the claim.

An insurer’s failure to acknowledge that they have received your claim is in violation of the statute.

Problems with Insurance delay or discounting on your claim? 
Are you getting a run around from your Insurance Company?
Are they Not returning calls?
Are they asking for records that is busy work or not relevant to your claim? 

Make sure that you document all damages from the Texas winter storm for your insurance claim! 

  • Document with photos, video, and an inventory of Texas winter storm damages / destroyed items with an estimated worth value. With this information at hand, it will be very hard for the insurance company to dispute or downplay the value of your storm damages. 
  • Save all receipts for damaged / destroyed items and do not throw away damaged / destroyed items until your insurance adjuster has visited your property and reviewed the items. 
  • Continue a running list of all your expenses! The receipt of your damage expenses will add up until the final restoration job is done. Your insurance adjuster will review and pay you for the expenses. 

Time to choose a Contractor for your Renovation for your Texas Winter Storm Damage.
Some Things to look out for in this selection: 

  • Contractor “Price Gouging”?
    This is a violation of the Texas Deceptive Trade Practice / Consumer Protection Act (DTPA). A good suggest is to be sure to have more than one appraisal on the repair, even if the one appraisal is through your insurance adjuster. A review of the DTPA law can save you much effort, time, and unneeded expenses, but if your repair is a violation of price gouging. The violators will be liable for attorney fees and other damages. 
  • Traveling “Out of Area” Contractors and the Texas Business and Commerce Code:
    An out of area contractor must have special requirements per this code. The Contractor must provide truthful contracts and not demanding payments that would violate the Texas Business and Commerce Code. 
  • What ever contractor you decide to use for your emergency damage repair, you have within three business days to cancel this contract transaction.
    The contractor must give you notice of the three day right to cancel at the time of closing the transaction for the purposed repair. You must also receive from the contractor a contract, in the language that the transaction was discussed, dated, with all information including name, address, and phone number and address to send the cancellation of the contract within the three-day period.   

This is some basic information for a Home / Business Owner on dealing with any current Texas Weather Emergency Property Damage. Just remember you have rights to a timely response from your insurance company and unfair trade practices from unsavory contractors.  

If you feel that you are having problems with this very serious situation,
please contact The Nacol Law Firm in Dallas, TX at (972) 690-3333 and let’s see if We can help you!