Homes damaged by a storm

Texas Bad Faith Insurance Lawyer

April 24, 20245 min read
A home with storm damage and a tarped roof

When you sign an insurance policy, you’re making a promise to pay your monthly premiums. In exchange, your insurance company is making a promise to pay out for claims covered under your policy. Unfortunately, things don’t always go as planned, and sometimes insurance companies don’t want to keep up their end of the bargain. In those cases, you need help from an insurance attorney.

An insurance attorney can help you determine what coverage you may be owed and help you find the path forward after a homeowners insurance claim denial. If your insurance claim has been wrongfully denied or delayed, get help from an experienced Texas insurance lawyer.

When Do You Need an Insurance Lawyer?

In most cases, you should be able to handle filing a storm damage claim with your insurance provider without help from a lawyer, but there are instances in which getting assistance from an experienced storm damage attorney can make a big difference for your payout. In general, you should seek help from an attorney if you have any doubt that you can file your claim on your own, or if you have questions about your coverage.

Along with answering questions and helping you file a successful claim, an insurance attorney’s primary job is helping policyholders who have been wrongfully denied seek compensation. If you feel your claim has been wrongfully denied, delayed, or underpaid, you need to reach out to an insurance lawyer for help.

What Can an Insurance Lawyer Do for You?

If your storm damage claim has been denied or underpaid, getting help from a capable storm damage attorney can help you move forward. An insurance lawyer can tell you what you may be owed for storm damage insurance claims, and the best way to get it. That includes carefully reviewing your policy and claim history, negotiating with your insurance company, gathering necessary evidence and documentation, and filing any necessary complaints or lawsuits.

Your lawyer may be able to negotiate a higher settlement on your behalf without ever having to file a lawsuit. However, if your insurance company isn’t cooperating, your attorney can take steps to bring them to the table using the legal system.

If you’re having trouble with a homeowner’s insurance claim, an insurance lawyer can help you through the claims process.

How Much Is Your Storm Damage Claim Worth?

If your home has been damaged by a storm, you’re now probably wondering how much an insurance claim for that damage may be worth. The amount that you may be owed will vary depending on your policy, and the damage may or may not be covered. If your storm damage is covered, the payout will be calculated in one of two ways: based on actual cash value or replacement costs.

Actual Cash Value Coverage

Actual cash value homeowner’s insurance settlements are calculated using the current market value of your home. Actual cash value settlements may not fully cover the cost of replacing a damaged property if that property is valued at less than the cost of new construction. These settlements take the replacement cost and subtract the depreciation in the value of your home, meaning actual cash value coverage is usually less than the replacement value.

Replacement Cost Coverage

Replacement cost coverage is much simpler than actual cash value coverage. Rather than figuring out the real value of your home, replacement cost coverage is meant to compensate fully for property damage, including the cost of repairing or replacing your home. Because replacement cost coverage is usually higher than the actual cash value coverage, policies offering replacement cost coverage are usually more expensive than those with actual cash value coverage.

Reasons Your Storm Damage Claim May Have Been Denied

Ideally, you should be able to make a claim for any type of property damage and get coverage for that damage. Unfortunately, that’s not how insurance always works. Instead, there are requirements you will need to meet and exceptions you will need to avoid to get coverage. A few of the most common valid reasons why storm damage claims are denied include the following:

  • Failure to file a claim within the timeline laid out in your policy

  • Failure to make emergency repairs to prevent further damage

  • Policy exceptions for certain types of water damage

  • Lack of evidence of the damage

  • The damage didn’t meet your deductible

  • You can somehow be blamed for the damage

Keep in mind that your insurance carrier may also attempt to deny your claim for unfair or fraudulent reasons. If you feel your insurance company has acted in bad faith in their treatment of you, get in touch with an insurance lawyer for help.

Storm Damage Claim Denied? Get Help From an Insurance Lawyer

When a storm damage claim is denied, homeowners have several options. Usually, you’ll start by filing a complaint with the Texas Department of Insurance, but those complaints don’t always render results. In many cases, policyholders will need to pursue legal action to get whatever coverage they may deserve.

If you’re dealing with a storm damage claim denial, get help from an experienced insurance lawyer in your area. An insurance lawyer can help you figure out what settlement you may deserve, and help you find the right path forward to get it. 

Insurance companies have the money to pay for high-powered defense teams to fight your case. Don’t face your insurance company alone. Get help from a capable insurance attorney.

If your storm damage claim has been denied, get in touch with an experienced insurance lawyer for help seeking compensation.

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