The Agustin Hernandez Law Firm has practiced Insurance Law since its beginning. We have experience representing clients who get the run-around from their insurance companies when they make an insurance claim for damages to their home after a storm or accident.
For example, after a hail storm or hurricane, homeowners make claims for damages to their roof. If they have flood insurance, they can also make claims for flooding damages. Other property damage can include pipe bursts or cracks in the foundation that result in significant damage to the integrity of your home.
What responsibility do I have as a homeowner to avoid further damage?
A legal doctrine in Texas called “the duty to mitigate” requires you to take reasonable steps to avoid or mitigate further damage. In other words, make a fair effort to save your property from experiencing additional damage. For example, shutting off water supply to a burst pipe or covering a hole in the roof with a tarp. You may need to call a professional in to temporarily fix the problem. If this is the case, save all receipts for money spent on these repairs.
When should I file a claim?
Filing a claim starts the process for you to get compensated for the damage that occurred. It is best that the insurance company views the damage themselves, and this will require you to file a claim to get an adjuster out to your home as soon as possible. Some insurance companies have phone or internet applications that allow you to upload pictures of the damage. Do your best to take clear pictures in good lighting. Whether or not the insurance company requires you to upload pictures of the damage, keep photos of the damage for your own records.
WE CAN HELP
The process that follows the home inspection and subsequent offer is where things can get a little unsettling. Sometimes, an insurance company will come back and say, “Well your deductible is $X amount, and the inspection resulting in $X amount of damages, and because your deductible is higher than the amount of damage, you will need to pay for the damages out of pocket.” If you feel you the damage that occurred to your home is worth more than what the insurance company is stating, or if you feel that they are in any way trying to avoid compensating you for the damage that occurred to your home at no fault of your own, then you may have a case of an insurance company acting in “bad faith”. This means they are not doing the job they are supposed to do, which is to help you when you need the help in an unpredictable situation. The Agustin Hernandez Law Firm offers free consultations to any individual who feels their insurance company has acted in “bad faith” when reviewing and awarding their claim.
Recent South Texas Storm Weather Events
In South Texas, Hurricane Hanna caused power outages for 3 to 10 days in some areas in July of 2020. With sustained winds of up to 90mph and severe flooding, homes experienced extensive wind and water damage that homeowners are still dealing with today.
The recent Texas Power Crisis in February that resulted from the North American Winter Storm Uri was no exception. This storm was really an anomoly for us here in the South, as we rarely see these types of weather events have such a dramatic effect on our lives. Winter Storm Uri knocked out Texas’ power grid for 4 to 7 days for millions of Texans, including here in South Texas. Many people experienced pipe bursts and water damage from the storm and are also still dealing with the aftermath today.