Finding out that someone has broken into your home can be incredibly traumatizing. Your home is your safe space, and someone has taken that away from you. In addition, you’re left cleaning up the mess and destruction that the burglar left behind.
The question of whether to file a claim shouldn’t add to that burden, and the answer, in most cases, is yes. Most Texas Homeowners’ Insurance policies cover theft or break-in, but the process of successfully recovering, in full, for your theft claim can be difficult. That’s why it helps to know what you’re dealing with before you pick up the phone.
At McLaurin Law, we’ve seen firsthand how insurers handle these claims, including delays, lowball offers, and denials based on technicalities are common. This blog walks you through everything you need to know, from what your policy covers to when it makes sense to contact an attorney. Our insurance claim attorneys are experienced in helping you acquire the compensation you deserve.
Why You Should File an Insurance Claim if Your Home Is Burglarized in Texas
Some homeowners hesitate to file a claim, worrying about premium increases or a complicated process. While it’s true that claims can affect your insurance history, a significant burglary loss almost always outweighs the cost of not filing.
- Your policy is designed for exactly this. Personal property coverage, dwelling coverage, and other structures coverage all apply to burglary-related losses under your Texas homeowners insurance policy.
- Waiting can cost you. Texas law and most policy terms require prompt notice after a loss. Delaying can give your insurer grounds to dispute or deny your claim.
- Out-of-pocket costs add up fast. Stolen electronics, jewelry, and structural damage from a forced entry can easily run into thousands of dollars.
- Smaller losses are a different calculation. If the total loss is close to or below your deductible, it may be worth handling independently. But that bar is lower than most people think.
When in doubt, consult with an attorney before deciding not to file. The risks of inaction almost always outweigh the risks of filing.
What Does Texas Homeowners Insurance Cover After a Burglary?
The good news is that your homeowner’s insurance policy will probably cover at least some of your damages. Exactly what is covered depends on your policy. Types of coverage that commonly apply to burglary include:
1. Personal Property Coverage
This coverage protects you if your belongings are stolen or destroyed as a result of burglary. It typically applies whether items are taken from inside your home, from your vehicle, or even while you’re traveling, though off-premises limits are usually reduced.
2. Dwelling Coverage
Dwelling coverage pays you if your home is damaged because of a break-in. It would cover things such as broken windows, damaged floorboards, and holes in the wall. Don’t overlook structural damage when building your claim, it can represent a significant portion of your total loss.
3. Other Structures Coverage
If a burglar damaged other structures on your property, such as a shed or detached garage, this coverage would pay for damages. If the burglar forced their way into or through any of these, make sure that damage is included in your claim.
4. Vandalism Coverage
Many burglaries involve more than just theft. For instance, perhaps they broke in and spray-painted graffiti on the walls. Intentional destruction of this kind may be covered under vandalism coverage, but only if your policy includes it. Some policies cover theft but exclude vandalism entirely, which can create serious disputes.
How Much Can You Recover After a Home Burglary in Texas?
How much you can claim for your losses also depends on your policy. Coverage for dwellings and other structures is usually clear-cut. For instance, if you have $100,000 of dwelling coverage, your insurance company would pay up to that amount to repair damages, minus your deductible.
Insurance companies usually set personal property coverage limits at 50% to 75% of your dwelling coverage amount. However, some items may have sub-limits, which means the insurance company will only cover them up to a certain amount.
If, on the other hand, you’ve set up scheduled coverage for certain items, you can claim their full value. Some homeowners buy scheduled coverage for valuable items, such as jewelry, artwork, and antiques.
Beyond limits, the type of valuation your policy uses matters significantly:
- Actual Cash Value (ACV) pays the depreciated value of stolen property, what it was worth at the time of the theft, not what it costs to replace today.
- Replacement Cost Value (RCV) pays what it actually costs to buy a comparable new item today. This results in meaningfully higher payouts for most losses.
Knowing which applies to your policy, and pushing back on unfair depreciation calculations, can make a significant difference in what you ultimately recover. If you’re unsure how much your policy covers, call us to speak with a Texas home insurance claim attorney.
How to File a Burglary Insurance Claim in Texas: Step by Step
Although homeowners’ insurance covers break-ins, it can often be difficult to secure payment from your insurer for the full value of your damages and losses. Insurance companies scrutinize theft claims more than other types of claims because of a high incidence of fraudulent theft claims. Accordingly, to prove your claim is legitimate, you will want to gather and submit plenty of supporting documentation to your insurance company.
For more on building a strong residential claim, here are some steps to minimize the hassle of filing a residential insurance claim.
- Call the Police Immediately: Report the break-in to the police and obtain a copy of your police report. This goes a long way toward proving that you’re not committing fraud, as many fraudsters don’t bother contacting the cops, and the insurance company will likely request a copy of the police report right off the bat.
- Document the Scene Before Cleaning Up: Take pictures of all the damage done to your home. It’s also a good idea to do a video walkthrough of your home. If you have home security footage, preserve it immediately. Do not clean up or make non-emergency repairs before documenting, this visual record supports the full scope of your claim.
- Create a Detailed Inventory of Stolen Items: Add up the value of stolen items. Your insurance company might want to see receipts, bank statements, and/or serial numbers to verify value. Also gather warranty cards and photos of items in your home, the more documentation you can connect to each item, the harder it is for your insurer to dispute your claim.
- Make Emergency Repairs and Save the Receipts: Have emergency repairs done, if necessary. These could include patching up broken doors, holes in walls, and shattered windows. Keep your repair receipts; you’ll need them for your insurance claim. These costs are typically reimbursable under your dwelling coverage and should be included when you file.
- Report the Claim to Your Insurer Promptly: Contact your insurance company and report the loss. Ask your insurer what documentation they need and follow up in writing. Keep records of every communication. For questions on timelines, you can check with your attorney how long you have to file an insurance claim in Texas and the statute of limitations on home insurance claims in Texas.
- Understand Your Policy Before You Settle: Before accepting any offer from your insurer, review your policy carefully, including coverage limits, sub-limits, ACV vs. RCV terms, and any applicable exclusions. If something doesn’t add up, you have the right to push back. If you’ve received a lowball offer, it is best to speak with your attorney before acting upon it.
Attorney Jason C. McLaurin brings a perspective that’s difficult to find, years of experience working inside the insurance industry before dedicating his practice to representing policyholders. That insider background means he understands the tactics insurers use and how to counter them effectively.
Contact Our Home Insurance Claim Attorneys in Texas Today
At McLaurin Law, our attorneys have years of experience representing clients for home insurance claims. If you’ve suffered a break-in and your insurance company is making it tough to recover damages, we can talk with the insurance adjuster on your behalf. Our law firm can also help you understand your policy and what it covers.
If your insurer has delayed, undervalued, or denied your burglary claim in Texas, contact us today to discuss your options.
Frequently Asked Questions About Burglary Insurance Claims in Texas
1. Should I always file an insurance claim after a home burglary in Texas?
In most cases, yes. If the loss exceeds your deductible, filing is almost always the right move. The bigger risk for most homeowners is not filing promptly and losing coverage due to late reporting requirements in their policy. If you’re unsure, consult with our team before deciding.
2. How long do I have to file an insurance claim if my home is burglarized in Texas?
Most policies require prompt notice after discovering a loss. Texas law also governs how quickly insurers must acknowledge and respond to claims.
3. What does Texas homeowners’ insurance cover after a burglary?
A standard policy typically covers stolen personal property, structural damage from forced entry, damage to other structures on your property, and vandalism, though vandalism coverage depends on your specific policy terms.
4. Do I need a police report to file a burglary insurance claim in Texas?
Yes, in virtually all cases. Most Texas homeowner’s policies require a police report as a condition of coverage for theft or burglary. Filing one promptly and keeping a copy is one of the most important steps you can take after a break-in.
5. What if my coverage limits don’t fully cover my losses?
Coverage limits and sub-limits on specific item categories can significantly reduce your payout. An attorney can review whether your insurer is applying those limits correctly and whether any scheduled endorsements or floaters on your policy provide additional coverage. Contact us for a policy review.
6. What is the difference between ACV and RCV in a burglary claim?
Actual Cash Value (ACV) pays the depreciated value of stolen items. Replacement Cost Value (RCV) covers what it would cost to replace items new at today’s prices. Knowing which applies to your policy and pushing back on unfair depreciation calculations can make a significant difference in your final payout.
