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July 2, 2024
McLaurin Law

What Is the Statute of Limitations on Home Insurance Claims in Texas?

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Houston has its share of nasty weather, from torrential rain to golf-ball-sized hail and occasional hurricanes. It’s not uncommon for storms to knock over trees and tear entire roofs off of houses. Thankfully, homeowners’ insurance protects you from catastrophes like these.

What is the statute of limitations on insurance claims in Texas? An attorney from McLaurin Law, PLLC, explains below.

Home Insurance Claims Statute of Limitations Period in Texas

Texas gives you two years from the date of an incident to file a homeowners’ insurance claim. This deadline also applies to personal injury cases. If you don’t file a claim in Texas by this time, you’re generally out of luck.

There are a few exceptions, though. If you couldn’t file a claim because of a disability or mental incapacity, the statute of limitations is paused until you gain competence to make a claim. And if someone under 18 is the victim of property damage, the clock doesn’t start ticking until their 18th birthday.

Time Limits for Insurance Contracts

Now that you know the answer to, “What is the statute of limitations on insurance claims?” let’s cover the general insurance claims timeline.

Once you’ve filed a claim, the insurance company has 15 days to respond. In some cases, insurance can take up to 45 days to respond, but it must have a good reason for the delay. Within the response period, insurers must acknowledge receipt of the claim, begin an investigation, and request relevant information from the policyholder.

After the response period, the insurance company has another 15 days to investigate the claim. Again, insurance may extend the deadline in some cases. For example, if there’s insufficient evidence or the insurance company suspects fraud, it might extend the deadline.

Once the insurance company approves your claim, it has five days to send you a check.

How To Handle Claim Denials

Ideally, everything will go smoothly, and the insurance company will pay your claim without fuss. However, insurance companies are notorious for delaying and denying claims. Some reasons for denials are legitimate, while others are not.

If insurance denies your claim, it will send you a letter explaining why. Common reasons for denials include:

  • Not making a claim by the deadline
  • Your claim involves a policy exception
  • You missed a premium payment
  • You didn’t provide enough evidence
  • Your damages don’t reach your policy deductible
  • The insurance company suspects fraud

If insurance denied your claim over a lack of evidence, you’ll need to collect more proof of the damage to your home. Pictures and video walkthroughs of the damaged area are very helpful. You can also collect a few estimates to repair the damage and send those to the insurance company.

Bad-Faith Insurance Practices

Sometimes, insurance companies deny claims for no good reason. This is called acting in bad faith or breach of contract. If an insurer acts in bad faith, it’s in violation of the Texas Insurance Code. You can sue the insurer and recover damages with the help of an attorney.

The insurer is acting in bad faith if it:

  • Denies a valid claim
  • Delays paying your claim
  • Pressures you into accepting a low settlement
  • Fails to communicate with you
  • Misrepresents the terms of your policy

Insurance Company Not Paying? Call Our Law Firm

What is the statute of limitations on insurance claims in Texas? You have two years to make a claim in the Lone Star State. However, even if you make a claim before the deadline, there’s still a chance that insurance might deny the claim.

If this has happened to you, contact McLaurin Law, PLLC, at (713) 528-8012 or contact us online for a consultation.

Copyright © 2023. McLaurin Law, PLLC. All Rights Reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
McLaurin Law, PLLC
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Houston, TX 77056
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