If you live in Texas, you know what a hurricane can do. Part of preparing for hurricane season is knowing how — and how soon — to file a claim if the worst happens, because the windows that apply to a Texas hurricane claim are short and easy to miss.
Understanding hurricane damage claims in Texas
Unlike some states, hurricane damage in Texas does not necessarily fall under a single insurance policy or claim. Your homeowner’s policy will likely cover the primary damage to your home — roof damage, destroyed structures, or broken windows — and Texas law requires insurers to carry certain additional protections, such as coverage for high-speed winds. But your policy may not cover flooding or losses like broken trees.
Flooding can cause both surface and structural damage, and your individual policy determines what you have. If your homeowner’s policy does not cover hurricane-related damage, you may need separate insurance, such as a flood policy, to protect your rights as a homeowner.
Time limits on a Texas hurricane claim
Report a hurricane damage claim as soon as possible. The longer you wait, the higher the risk that you lose valuable evidence. A few different time limits may apply.
Filing with your insurance company
Your insurer may set a deadline in its policy to report the claim. These deadlines vary significantly between companies — and some impose no specific deadline at all — but no company should require an unreasonably short notice period. If you file after the applicable deadline, the insurer may deny the claim, so file through the proper process as quickly as you can. You may also be able to request an extension, either through the insurer’s own process or with the help of an attorney who can negotiate a later filing date given your circumstances.
Time limits for bad-faith claims
Insurers sometimes deny hurricane damage claims they know they should pay, hoping the homeowner will not fight back, citing false reasons for denial, or relying on misleading policy terms. These acts are considered bad faith under Chapter 541 of the Texas Insurance Code, and legal recourse is available when an insurer commits one against you.
The statute of limitations for a bad-faith claim is two years from the date your claim is denied — the denial is typically the unfair or deceptive act that starts the clock. Under the discovery rule, however, the period may not begin until you discover, or reasonably should have discovered, the unfair or deceptive practice. That rule protects homeowners from concealed conduct they could not have found until much later.
Do I have to repair the damage within the time limit?
No. These deadlines govern when you file your insurance claim or legal action — not when you begin or complete repairs. You likely have additional time to finalize repairs to your home. In fact, repairs may be impossible right after a large hurricane, when mass evacuations and government orders keep people out of the area. Most insurers account for this, and those that do not may be acting in bad faith.
Steps to take after hurricane damage
The right steps after a hurricane protect both your legal rights and your home:
- Focus on safety. Follow evacuation orders and do not return until it is safe. Things can be replaced; people cannot.
- Document the damage. Take photos and videos of everything, and keep notes about what happened. You will likely submit this proof with your claim.
- Mitigate your damages. Most policies require or encourage steps to prevent further damage — covering broken windows or roof holes, or removing valuables that could be damaged further.
- List damaged items. Create an itemized list of what was damaged and its approximate value.
- Maintain communication records. Keep copies of every communication with your insurer; they can be invaluable evidence later.
- Consult an attorney. A hurricane damage attorney can deal with the insurer to avoid problems and enforce your rights if they are violated.
After a hurricane, the sooner you mitigate your damages and submit your claim, the more likely you are to avoid problems — and if your insurer denies a valid claim, an injury lawyer can tell you whether the conduct crosses into bad faith and what your claim is worth.