Have you ever filed a residential or commercial insurance claim in Texas and been given the runaround, low-balled, or even denied? It’s not uncommon for insurance companies — and their claims adjusters — to use every trick in the book to protect their bottom line, which means that you have to be extra vigilant when pursuing a claim.
Unfortunately, no matter how smart or tough you think you are, insurance adjusters pride themselves on being one step ahead. You can be goaded into saying something that they can use against you to reduce or even deny payout on your claim.
Texas laws protect you against bad faith tactics by insurers, but that does not mean they are not going to try anyway. Do not leave anything to chance. Involve a knowledgeable and experienced insurance claims attorney to help you get the compensation you deserve.
If you are located in Houston, Texas, or the surrounding communities of Sugar Land, Baytown, Katy, or Pearland, contact McLaurin Law for help with your insurance claim, especially if the insurer starts giving you the runaround.
Texas, like most states, is aware of how insurance companies operate and has laws protecting policyholders from bad faith practices. The Texas Unfair Claims Practices Act prohibits, among other practices:
If you have experienced any of these prohibited bad faith practices during your filing of a claim for commercial or residential policies, contact an attorney immediately. The sooner in the claims process that you involve legal representation, the better your chances become of getting the compensation entitled to you under your policy.
Texas has implemented a Consumer Bill of Rights when it comes to homeowners’ or renters’ insurance policies. The Consumer Bill of Rights, among other things, prohibits your insurance company, agent, or adjuster from “making false, misleading, or deceptive statements relating to your insurance.” Other provisions cover your privacy rights and include protections against being denied coverage in the first place. The Consumer Bill of Rights is enforced by the Texas Department of Insurance.
If, for example, your roof is crushed by a falling tree, your insurer has a responsibility to promptly investigate the incident on-site. They also have an obligation to promptly communicate with you, the policyholder, and to honor the provisions of your policy.
To do all of this, they will assign a claims adjuster to investigate. The adjuster should inspect the damage firsthand and also communicate with you about what happened. This is where things can get tricky.
The claims adjuster may tell you your policy provides only for a certain percentage of the costs for repairing the roof, when in fact, it provides for full replacement cost minus your deductible. The adjuster may also keep dragging out the investigation in the hope you tire of the process and accept the first offer they tender, even if it is a low-ball offer. Another tactic is to send you an initial payment to cover the start of repairs and later to claim that that payment was the full amount due to you. They may also try to find some reason to simply deny your claim.
Texas requires insurers to settle claims within 35 business days. They have 15 business days after a claim is filed to acknowledge it by forwarding the instructions and paperwork needed by the policyholder. The paperwork should include proof-of-loss forms, which serve as a sworn statement by the policyholder as to the extent of the damage or injuries. The insurers then have five business days to make the final payment once the claim is approved.
It almost goes without saying that the insurance company is going to try to low-ball you on their initial offer, hoping you accept it so they can close the book and end their liability.
At the first sign of stalling or low-balling by the insurer, you need to get an attorney involved who is familiar with the claims process and is accustomed to standing up to their tricks and tactics. If you try to go it alone, you can easily fall victim to their bad faith settlement practices without knowing it.
Even if the insurer settles with you equitably, they may try to recoup their expenses by raising your premium. You should involve attorneys in this as well because you should not be punished financially for making a valid claim.
If your claim cannot be resolved to your satisfaction through negotiations with the adjuster, you can proceed to file a lawsuit based on their bad faith tactics, which are prohibited by the Unfair Claims Practices Act.
The bad faith insurance attorneys at McLaurin Law represent clients in the greater Houston, Texas area, as well as Sugar Land, Baytown, Katy, or Pearland. Call the firm today if you feel you have fallen victim to insurance companies’ bad faith tactics, or if you want to make sure that your claim will be fairly dealt with and honored fully.
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Typically, the answer to this is absolutely not. Insurance companies are looking out for their own best interests and will try to get you to settle for an offer that is far below what you deserve. At McLaurin Law, we can help you seek an appropriate settlement.
After an accident, you should typically file a claim with the insurance provider of the negligent party who is responsible for your accident. It is important that you move with haste in filing a personal injury claim with the insurance carrier after an injury has occurred. Should a lawsuit eventually become necessary, it is also important to keep in mind that in the state of Texas, you must file a personal injury lawsuit within two years of the date the injury occurred.
Below are some frequently asked questions about Theft and Vandalism Claims:
Commercial insurance policies often cover losses due to vandalism, or the intentional destruction or defacement of property, but will not cover theft or burglary losses. This can be particularly complicated in cases where vandalism leads to the theft of certain items on the premises.
Homeowners’ and renters’ insurance policies generally cover vandalism and theft for residential properties. If you own your home, your homeowners’ policy will cover damage to the structure and your contents or personal belongings. If you rent your home, the property owner’s policy will cover damage to the property, while your renters’ insurance will cover your personal belongings inside the home.
Insurers often don’t like paying claims for damages sustained by their policyholders. They may assess the risks associated with your home or business location and income levels and adjust their coverage limits, so they have a decreased responsibility to pay for damages due to theft or vandalism.
For commercial policyholders, your insurance company may require you to minimize the risk of vandalism or theft. Your insurance company could require you to install security cameras and devices, advanced locking systems, and appropriate lighting. Your insurance company could still require higher coverage limits if your business is in an area that reports an increased number of thefts or vandalism.
There are several reasons your insurance company might deny a claim. A vandalism and theft attorney from our office can help you review your policy and claim denial to determine the following:
A theft and vandalism lawyer with our firm can help you determine which losses listed in your policy best fit the situation and file the appropriate evidence for your claim. Your theft and vandalism claims attorney can also speak with the insurance adjusters on your behalf. Call us at (713) 461-6500 when you need more than luck!
Below are some frequently asked questions about Wind and Hail Damage Claims:
You will need evidence that the damage your home sustained came from wind or hail.
Common signs of wind and hail damage include:
Get an inspection if you suspect your home sustained damage during a recent storm. Roofing contractors with certifications in home inspections will often be willing to mark and take photos of the damage they identify during inspection of your home and roof. A wind and hail damage attorney with our firm can use their reports to fight for approval of your claim with your insurance company.
Call our McLaurin Law wind claims attorney if your home shows signs of wind damage after a hurricane, tropical system, or particularly windy day. We can help you file your claim with your insurance company and represent you when the insurance company’s claims adjuster has additional questions.
Many insurance companies try to deny or underpay claims based on arbitrary rebuttals. For example, if you have both wind and hail damage, they may reject a portion of the claim because you filed a wind claim.
Hail damage often affects roofs more than any other part of the home. Sometimes hail only damages part of a roof, requiring a simple repair. Other times, you’ll have enough roof damage to require a full roof replacement. A McLaurin Law attorney can work closely with your roofer and insurance company to fight for full claim approval.
Insurance companies often deny claims despite ample evidence of legitimate storm damage. When this happens, the next step is to file a lawsuit against the insurance company with the guidance of a wind and hail damage claims attorney. If your insurance company denies your claim, contact us. Call McLaurin Law in Houston, TX, at (713) 461-6500 when you need more than luck!
Your number one priority should be your well-being. Seek out medical advice as soon as possible to ensure that you get the treatment you need. You should also move quickly to consult with an attorney to assist you with your personal injury claim. Critical events occur early in the personal injury claims process—such as interviews with adjusters and early damages assessments—so do not delay speaking with an attorney.
Browse our growing library of multimedia educational content to better understand the rules and processes involved in your Texas injury case or insurance claim. Review the items relevant to your issue, and let us know your questions.
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