Texas · Homeowners · Claims
A homeowners claim is how you collect after a covered loss—it is not automatic. Your policy gives you duties: prompt notice, documentation, and temporary repairs that stop further damage. Texas law also sets prompt-payment timelines for insurers. This guide is educational, not legal advice; your policy and the facts of the loss control the outcome.
Not legal advice: Deadlines below summarize common Texas consumer guidance under Insurance Code Chapter 542 and TDI materials. Catastrophe declarations can extend timelines. For disputes over coverage or damages, consider licensed professionals (agent, public adjuster where appropriate, or an attorney).
1. Safety and mitigation first
If the structure is unsafe, leave and call emergency services. Shut off gas/electric/water if you can do so safely. Then stop further loss: tarp a roof opening, board broken windows, extract standing water, move undamaged contents out of harm’s way. Keep receipts—reasonable temporary repairs are often reimbursable on covered claims; do not begin permanent reconstruction until you understand what the carrier has agreed to inspect and pay.
2. Document before you throw anything away
- Wide and close photos/video of every damaged room, exterior elevation, and roof (from the ground if climbing is unsafe).
- Date-stamped notes: when the storm or event hit, what you saw, who entered the property.
- Inventory damaged personal property with approximate age and cost; use pre-loss photos if you have them.
- Save damaged materials when the adjuster may need to see them (for example, a bag of hail-bruised shingles).
3. Contact your carrier or agent promptly
Report the claim as soon as practical. Your independent agent can open the claim, confirm deductibles (including wind/hail percentage deductibles), and set expectations. Have ready: policy number, loss address, date/time of loss, brief description, and best callback number. Ask for the claim number in writing.
Context on Texas coverage before a loss: buying home insurance in Texas and Texas homeowners overview.
4. Texas prompt-payment timelines (high level)
Under Texas Insurance Code Chapter 542 (and as summarized in TDI consumer materials such as the Homeowners Consumer Bill of Rights), after you give notice of a claim the insurer generally must:
| Step | Typical timing (subject to statute & exceptions) |
|---|---|
| Acknowledge the claim, begin investigation, request needed items | Within 15 days after notice |
| Accept or deny in writing (or say more time is needed and why) | Within 15 business days after receiving all items reasonably requested |
| Extra time if the insurer properly extends | Up to 45 additional days with explanation |
| Pay an approved claim | Within 5 business days after notice of acceptance (timing details are in the Code) |
TDI may add time after certain weather catastrophes. Always keep a claim diary: emails, letters, adjuster names, and dates. Primary references: Texas Insurance Code Ch. 542 and TDI’s Homeowners Consumer Bill of Rights (PDF).
5. Working with the adjuster
The company adjuster inspects and writes an estimate. You may also get a contractor estimate. Walk the property together when possible. Point out every room. Ask how depreciation, deductibles, and recoverable depreciation work on your form. If the first check looks small, it may be an actual-cash-value advance pending completion—ask in writing what is still recoverable.
Bring to the inspection
Photo set, inventory, contractor bids, mitigation receipts, and a room-by-room damage list.
Ask in writing
What is covered vs. denied, how the deductible was applied, and what documentation would change the estimate.
6. Supplements when damage was hidden
Roof decks, wet insulation, or cabinetry damage often appear after tear-off. Most carriers allow supplement requests with photos and revised estimates. Do not assume “one check closes the file” if additional covered damage is discovered during proper repairs. Keep the claim open until work and paperwork are complete.
7. Contents, ALE, and mortgagee checks
- Contents: Submit a detailed list; replacement-cost vs. ACV depends on your endorsements.
- Additional living expenses: If the home is uninhabitable from a covered loss, track hotel and extra living costs per policy rules.
- Mortgagee: Dwelling checks are often payable to you and the lender. Ask the lender what they need to endorse funds promptly.
8. If the estimate is short or the claim is denied
- Request the denial or partial denial in writing with reasons.
- Compare line items with your contractor; send a polite supplement package.
- Involve your agent to escalate inside the carrier.
- Consider a second inspection or, where appropriate, a licensed public adjuster (you pay a fee from the claim—weigh cost vs. complexity).
- If you believe the company mishandled deadlines or communication, you can file a complaint with the Texas Department of Insurance (Help Line 800-252-3439). A TDI complaint is a regulatory channel—not a guarantee of payment.
Practical tips that change outcomes
- Know your wind/hail deductible in dollars before you file a small cosmetic claim.
- Do not exaggerate; fraud allegations destroy claims and relationships.
- One contractor who overpromises “we deal with insurance” is not a substitute for reading your own estimate.
- Flood losses need a flood policy—standard HO will not convert a flood into a covered wind claim. See Texas flood insurance.
FAQs
Will filing a claim raise my premium?
It can. Carriers and rating plans differ; weather claims may affect renewals differently than liability claims. Ask your agent about likely renewal impact before filing a borderline cosmetic claim.
Do I have to use the insurer’s contractor?
Usually you may choose your own licensed contractor, subject to policy conditions and reasonable pricing. Prefer written scopes that match the adjuster’s covered items.
Why is the first check smaller than the contractor bid?
Often depreciation, deductibles, or unpaid recoverable depreciation pending completion. Ask for a breakdown.
How long does a Texas claim take?
Simple claims can resolve in weeks; complex or catastrophe claims take longer, especially when statutory extensions apply. Track Chapter 542 milestones in your diary.
Sources and further reading
- Texas Insurance Code — Chapter 542 (Processing and Settlement of Claims)
- TDI — Homeowners Consumer Bill of Rights (PDF)
- TDI — File a complaint
- TDI — Homeowners insurance consumer guide (cb021)
- TDI — Storms and disasters consumer page
- Freedom — Texas homeowners insurance
- Freedom — Buying home insurance in Texas
