In the wake of a major Texas storm—whether it’s a Gulf Coast hurricane, a Houston derecho, or a sudden hailstorm—your focus is likely on your family’s safety and the immediate state of your property. However, once the clouds clear, a different kind of clock starts ticking.
At The Law Offices of Colby Lewis, we often hear from homeowners and business owners asking: “How soon must I report storm damage to my insurer?”
The short answer: Immediately. While Texas law and individual insurance policies provide specific windows, any delay can give your insurance company a reason to underpay or deny your claim.
1. The “Prompt Notice” Requirement
Most standard Texas insurance policies do not list a specific number of days (like “within 72 hours”). Instead, they use terms like “prompt notice” or “as soon as practicable.” In the legal world, this is interpreted as “within a reasonable amount of time under the circumstances.” In Houston, where secondary damage like mold can develop within 48 hours of a roof leak, “reasonable” usually means as soon as it is safe to assess the damage.
2. The One-Year Reporting Deadline (TWIA and Standard Policies)
While you should act fast, there are hard legal deadlines you must know:
TWIA Claims: If your policy is through the Texas Windstorm Insurance Association (TWIA), you generally have one year from the date of the storm to report the damage.
Standard Policies: Many private policies also carry a one-year or two-year limit for reporting. However, if you wait six months to report a roof leak, the insurer will likely argue that the damage was caused by “wear and tear” or “neglect” rather than the specific storm.
3. Texas Prompt Payment of Claims Act (TPPCA)
The reason you want to report early isn’t just to avoid denial—it’s to start the clock for the insurance company. Under the Texas Prompt Payment of Claims Act, insurers must meet strict deadlines:
- 15 Days to Acknowledge: Once you report the claim, the insurer has 15 days to acknowledge it and begin an investigation.
- 15 Business Days to Decide: After they receive all requested items (photos, estimates, etc.), they must accept or reject your claim within 15 business days.
- 5 Business Days to Pay: If they approve the claim, they must issue payment within 5 business days.
If they miss these deadlines, they may owe you the claim amount plus 18% annual interest and your attorney’s fees.
The Danger of the “Concurrent Causation” Trap
In Texas, we have a unique legal hurdle called the Doctrine of Concurrent Causation. If you wait too long to report damage and another storm hits, the burden is on you (not the insurance company) to prove which storm caused which specific damage.
If you cannot clearly separate the two, the insurance company may be legally allowed to pay you zero dollars. Reporting immediately after the first event creates a “date stamp” on your losses.
Steps to Take Right Now
If you’ve just experienced storm damage in Houston or the surrounding areas, follow these steps to protect your claim:
- Safety First: Do not climb on a damaged roof or enter a structurally unsound building.
- Document Everything: Take “date-stamped” photos and videos of the damage before you move anything or start cleaning up.
- Mitigate Further Damage: You have a duty to prevent more loss (e.g., putting a tarp over a hole in the roof). Keep receipts for all materials used.
- Call an Attorney: If your insurer is stalling, lowballing your estimate, or claiming the damage is “pre-existing,” you need professional legal intervention.
Post-Storm Evidence Checklist: What to Gather Before You Call
The success of your insurance claim often depends on the quality of your documentation. Before you pick up the phone to call your adjuster, make sure you have the following ready:
1. Photo & Video Evidence (The “Digital Twin”)
- The Wide Shot: Take photos of all four sides of your home or building to establish context.
- The Detail Shot: Zoom in on specific damage—hail dents in siding, cracked shingles, or shattered window frames.
- Scale Reference: Place a coin or ruler next to hail impact marks or cracks to show their size.
- The Interior Walkthrough: Take a continuous video of every room, even if there is no obvious damage, to prove “clean” areas versus damaged ones.
2. Proof of Property Condition
- “Before” Photos: Find any recent photos of your home (even from social media or a real estate listing) that show the property’s condition prior to the storm.
- Maintenance Records: Keep receipts for recent roof repairs, HVAC servicing, or exterior painting to prove the property was well-maintained.
3. Mitigation & Repair Records
- Temporary Repair Receipts: Save every receipt for tarps, plywood, or emergency water extraction services. These are usually reimbursable.
- Contractor Estimates: Obtain at least one independent estimate from a local, reputable contractor. Do not rely solely on the insurance company’s adjuster to determine the cost of repairs.
4. Administrative Essentials
- Policy Number: Have your full policy jacket and declarations page handy.
- Claim Log: Start a notebook or digital file to record every phone call, including the date, time, name of the representative, and what was discussed.
- Claim Number: Once you report the damage, keep your claim number in a prominent place for all future correspondence.
Is the clock ticking on your claim?
Texas law moves fast, and insurance companies move even faster to protect their interests. If you’re feeling overwhelmed by the paperwork or your claim has already been delayed, we are here to help.
Why Contact the Law Offices of Colby Lewis?
Insurance companies are in the business of protecting their bottom line. We are in the business of protecting yours. We understand the complex Houston climate and the even more complex Texas Insurance Code.
Is your insurance company dragging its feet or denying your storm claim? Contact our Houston storm damage lawyer today for a free consultation. Let us handle the deadlines so you can focus on rebuilding. Download our Storm Damage Claims Checklist here.
Law Offices of Colby Lewis | Houston, TX
Aggressive Representation for Texas Policyholders.
Disclaimer: This article is intended for informational purposes only and should not be considered legal advice. No attorney-client relationship is created by reading or relying on this content. For advice regarding your specific insurance claim or legal rights under Texas law, consult an attorney.
