Beyond the Bump: Filing a Property Damage Claim in Texas

Why Property Damage Claims Matter for Texas Residents

A Texas property damage claim can arise from many situations, from hail-damaged roofs to car accidents. When disaster strikes, knowing how to properly file and manage your claim can be the difference between fair compensation and financial hardship.

Quick Guide: Filing a Property Damage Claim in Texas

1. Document everything – Take photos, videos, and create written inventories.
2. Report immediately – Contact police (if applicable) and your insurance company.
3. Make temporary repairs – Prevent further damage while preserving evidence.
4. Know your deadlines – Insurance companies have 15 days to respond to claims.
5. Understand your rights – Texas law protects policyholders with specific timelines.

Property damage in Texas covers two main categories: real property (your home, land, buildings) and personal property (vehicles, furniture, belongings). Whether from a storm, car accident, or another’s negligence, the claims process has important legal protections unique to our state.

The key is to act quickly and document thoroughly. Texas law requires insurance companies to respond within 15 days of receiving your written claim and accept or reject it within 15 days of receiving requested documents. Failing to document losses can cost you thousands.

I’m Brian Nguyen, Managing Partner at Universal Law Group. With over two decades of experience, including as a former prosecutor, I help Texans steer complex Texas property damage claim cases. My background provides unique insight into how insurance companies operate and what it takes to secure fair compensation.

First Response: Immediate Steps After Property Damage

After property damage occurs, whether from hail or a car collision, your first actions are critical. Here’s what to do.

Safety comes first. Before anything else, ensure everyone is safe. If you see downed power lines, unstable structures, or other immediate dangers, evacuate and call 911. No claim is worth risking your safety.

Next, report the incident to authorities if it involves a car accident, vandalism, or other criminal activity. A police report is an official record that insurance companies trust and can be vital for your claim.

You also have a legal duty to mitigate further damage. This means taking reasonable steps to prevent the situation from worsening. Cover a leaking roof with a tarp or board up a broken window. These are temporary fixes, not permanent repairs. This step is required by insurance policies; failure to do so could lead your insurer to deny coverage for any additional damage. Keep receipts for these temporary repairs, as they are typically reimbursable.

How to Document Damage Effectively in Texas

Proper documentation can make or break your claim. Here’s how to do it effectively.

• Photographs and Videos: Take wide shots of the overall scene and close-ups of specific damage. Include an object for scale, like a ruler or coin. A video walkthrough where you narrate what you see adds powerful context that photos alone cannot provide. As experts recommend, thoroughly document the damage for your claim.
• Written Inventory: Immediately create a list of all damaged items. For each, note the description, brand, model number, approximate age, and estimated value. This list is invaluable when negotiating with your insurer.
• Proof of Value: Gather any receipts, warranties, appraisals, or even old photos that establish the worth of your items. If you don’t have receipts, credit card statements or online purchase histories can also help prove ownership and value.

What Evidence is Crucial for a Property Damage Claim?

Building a strong Texas property damage claim requires solid evidence. The more you have, the stronger your position.

• Police or Incident Reports: These provide crucial third-party verification of events.
• Witness Information: If anyone saw what happened, get their contact information and ask for a brief written statement.
• Pre-Loss Condition Records: Home inspection reports, old photos of your property, or maintenance records can counter an insurer’s claim that the damage was pre-existing.
• Multiple Repair Estimates: Get at least two or three written estimates from reputable contractors. This gives you negotiating power and demonstrates fair repair costs.

Thorough documentation is respected by insurance companies and is key to a fair settlement.

How to File a Property Damage Claim in Texas

Once your property is secure and you’ve gathered initial documentation, it’s time to file your Texas property damage claim. The process begins with understanding if you’re filing a first-party claim (with your own insurer) or a third-party claim (against someone else’s insurance).

Before calling, locate your policy documents, especially the declarations page. This contains your policy number, coverage limits, and deductibles. Notify your insurance company as soon as possible by phone or online. Have your policy number, the date of the incident, and a brief description of the damage ready. During the call, note the representative’s name, the date, and a summary of the conversation. If you need help finding your insurer’s contact info, use the search tool at the web site of the Texas Department of Insurance.

Understanding Your Policy and Texas Insurance Requirements

Understanding your policy can save you thousands. For drivers, Texas requires a minimum of $25,000 in property damage liability coverage. However, this may not be enough for modern repair costs.

Consider optional coverages for better protection:

• Collision coverage pays for damage to your car in an accident, regardless of fault.
• Comprehensive coverage handles non-collision damage like theft, hail, or vandalism.
• Flood insurance is a separate, crucial policy for homeowners, as standard policies do not cover flood damage.

A standard homeowner’s policy typically covers the dwelling, personal property, and additional living expenses. Be aware of common exclusions, such as damage from floods, earthquakes, sewage backups, pest infestations, or normal wear and tear.

As a policyholder, you must cooperate with the insurer’s investigation. In return, you have the right to prompt communication, a fair investigation, and clear explanations for any denial.

Navigating Insurer Deadlines Under Texas Law

Texas law sets specific deadlines for insurance companies handling your Texas property damage claim.

• Acknowledgment: Insurers have 15 business days to acknowledge receipt of your written claim.
• Decision: After you submit all requested information, they have 15 business days to accept or reject your claim. They can request a 45-day extension but must provide a written explanation.
• Disaster Exception: Following a widespread disaster like a hurricane, the decision deadline is extended by 15 days (30 days total).
• Explanation: If your claim is denied or delayed, the insurer must provide a written explanation.
• Payment: Once a settlement is agreed upon, the insurer must mail your check within five business days.

These deadlines are legal requirements. An insurer’s failure to meet them without proper cause can be a violation of your rights.

After You’ve Filed: Claim Valuation and Disputes

After filing your Texas property damage claim, an insurance adjuster will be assigned to your case. The adjuster investigates the incident, determines if your policy covers the damage, assesses the extent of the loss, and calculates the payout. The adjuster works for the insurance company.

You must cooperate with their investigation by providing documents and allowing property inspections. However, be cautious about giving recorded statements, as they can be used against you. It may be wise to consult an attorney before agreeing to one.

Claims can be denied for several reasons, including missing deadlines, unpaid premiums, false statements, inadequate documentation, policy exclusions, pre-existing damage, or failing to mitigate further damage. Honesty and thoroughness are your best defense against denial.

How is a Property Damage Claim in Texas Valued?

Understanding valuation is key to a fair settlement. The method depends on the property and the extent of the damage.

• Repair Estimates: For repairable damage, multiple estimates from reputable contractors establish the cost to fix your property.
• Replacement Cost Value (RCV) vs. Actual Cash Value (ACV): RCV is the cost to replace an item with a new, similar one, without deducting for age. ACV is the replacement cost minus depreciation. RCV coverage is generally better for the policyholder.
• Total Loss: If repair costs exceed the property’s value, insurers typically pay the fair market value. For vehicles, this is based on make, model, year, mileage, and local market prices.
• Diminished Value: Even after repairs, a vehicle that has been in a major accident is worth less. This reduction in value may be a compensable part of your claim.
• Loss of Use: If your property is unusable during repairs, you may be entitled to compensation for rental cars or additional living expenses.

What to Do if You Disagree with the Insurer’s Offer

It is common to disagree with an insurer’s initial offer. Don’t be afraid to negotiate.

First, review the adjuster’s report and compare it to your own documentation, looking for discrepancies or missing items. Present your evidence in a clear, written response, explaining where and why you disagree.

If negotiations stall, consulting with a property damage attorney can provide valuable perspective. Legal representation often encourages insurance companies to reconsider their position. You can also file a complaint with the Texas Department of Insurance (TDI). While the TDI doesn’t resolve monetary disputes, their investigation can pressure the insurer to comply with regulations.

Feature	Replacement Cost Value (RCV)	Actual Cash Value (ACV)
Definition	Cost to replace with new, similar item	Replacement cost minus depreciation
Depreciation	Not deducted	Deducted based on age, wear, obsolescence
Payout	Typically higher, aims to restore property to pre-loss state	Typically lower, reflects current market value of used item
Coverage Type	Often preferred for homeowners and personal property	Common for older items or some vehicle policies
Example	New roof for damaged roof	Value of old roof at time of damage

An insurer’s first offer is not always their best. Advocate for the fair compensation you deserve.

When to Seek Legal Help: Lawsuits and Complex Claims

Sometimes, despite your best efforts, you need legal help to resolve a claim. A skilled property damage attorney can interpret confusing policy language, challenge unfair denials, and ensure the insurance company treats you fairly.

Bad faith insurance practices occur when insurers deliberately delay claims, misrepresent facts, or make insultingly low settlement offers. My experience as a former prosecutor helps me identify and challenge these tactics.

Natural disasters like hurricanes, tornadoes, and floods create especially complex Texas property damage claim situations. These events can involve special deductibles and disputes over the cause of damage (e.g., wind vs. flood), often requiring expert legal guidance.

Understanding the Legal Timelines and Rules

In Texas, legal deadlines are strict. You generally have two years from the date of damage to file a lawsuit, according to Texas Civil Practice & Remedies Code section 16.003. Missing this statute of limitations can bar your claim permanently.

Texas also uses a 51% bar rule for comparative negligence. If you are found to be 51% or more at fault for the damage, you cannot recover any compensation. If you are less than 51% at fault, your recovery is reduced by your percentage of fault.

Claims against government entities fall under the Texas Tort Claims Act, which has strict notice requirements and damage caps that require careful legal navigation.

How to Sue Someone for Property Damage in Texas

If a lawsuit is necessary, the process generally follows these steps:

1. Filing a Petition: This legal document starts the lawsuit, outlining who you are suing and the damages you seek.
2. Serving the Defendant: The person or entity being sued must be formally notified of the lawsuit according to Texas law.
3. Findy: Both sides exchange information through written questions, document requests, and depositions (sworn testimony).
4. Mediation: A neutral mediator helps both parties attempt to reach a settlement before trial.
5. Trial: If no settlement is reached, a judge or jury hears the evidence and delivers a verdict.

Facing the legal system can be daunting. At Universal Law Group, we handle the complex legal work so you can focus on recovery.

Frequently Asked Questions about Texas Property Damage Claims

Here are answers to some of the most common questions we hear at Universal Law Group.

What are the different types of property damage claims in Texas?

Texas property damage claim cases fall into two main categories:

• Real property damage affects your home, land, and fixed structures like fences or roofs. Common causes in Texas include storms, hurricanes, hail, and fire.
• Personal property damage covers movable items. This includes your car after an accident, furniture damaged in a move, or electronics fried in a power surge.

The cause of damage (e.g., natural disaster, fire, theft, negligence) is also important, as it can affect how your policy provides coverage.

What happens if I fail to make temporary repairs to prevent further damage?

Your insurance policy includes a “duty to mitigate,” which requires you to take reasonable steps to prevent damage from worsening. For example, if a storm breaks a window, you should board it up. If you fail to do so and subsequent rain causes water damage, your insurer might deny coverage for that additional damage, arguing it was preventable.

“Reasonable” is the key. You are not expected to perform permanent repairs, but you should take simple, temporary measures. Always keep receipts for these mitigation efforts, as they are usually reimbursable.

What is the difference between replacement cost and repair estimates in Texas?

These terms determine how your Texas property damage claim is valued.

• Repair estimates are quotes from contractors for the cost of fixing your damaged property to its pre-loss condition.
• Replacement Cost Value (RCV) pays to replace your damaged items with brand new ones of similar quality, with no deduction for age or wear. For example, a destroyed five-year-old TV is replaced with a new TV.
• Actual Cash Value (ACV) is replacement cost minus depreciation. That same five-year-old TV might have an ACV of only half its replacement cost due to its age.

RCV coverage generally provides a better financial outcome and is worth considering for your policy, especially for personal belongings. Check your policy’s declarations page to see which coverage you have.

Securing the Compensation You Deserve

Navigating a Texas property damage claim can be challenging, but following a clear process puts you in control.

Remember these key steps:

• Prioritize safety, then document everything.
• Report the damage promptly.
• Make temporary repairs to mitigate further loss.
• Understand and enforce the legal deadlines insurers must follow.

Proactive documentation—photos, inventories, and estimates—is the foundation of a strong claim. Knowing your rights as a policyholder empowers you to stand firm against lowball offers or delays.

If you face bad faith practices, unreasonable denials, or unfair settlement offers, professional legal guidance is crucial. At Universal Law Group, our experience as former prosecutors gives us a unique advantage in building compelling cases and negotiating from a position of strength. We provide personalized, efficient, and responsive service to restore your peace of mind.

Whether you’re dealing with a damaged home or a totaled vehicle from a car accident claim, you don’t have to face the insurance company alone. We are here to advocate for you and help you secure the compensation you rightfully deserve.