Key Points

• Texas homeowners, business owners, and drivers whose storm damage insurance claims were denied, underpaid, or delayed may be eligible to take legal action against their own insurance company. 
• Hurricane, flood, hail, wind, tornado, and vehicle damage claims are each governed by different policy terms, coverage rules, and deadlines. 
• The Texas Insurance Code requires insurers to investigate and pay first-party claims fairly and promptly, and it requires policyholders to give written notice before filing a property damage lawsuit. 

Why It Matters

Severe weather strikes Texas in every season. When it does, policyholders depend on their insurance company to pay for repairs. Insurers often reduce or deny these claims by blaming wear and tear, pointing to an excluded cause of loss, or applying policy terms incorrectly. The criteria that decide whether a policyholder can challenge that decision depend on the type of damage involved. Knowing which criteria apply helps property owners and drivers protect their right to the full amount their policy owes. 

Storm Damage Insurance Claims in Texas

Hurricanes, floods, hailstorms, high winds, and tornadoes damage homes, businesses, and vehicles across Texas each year. Policyholders who file Texas storm damage insurance claims expect their insurer to honor the policy. Many instead receive a denial, a low estimate, or no response. 

These are first-party claims. A first-party claim is one a policyholder files with their own insurance company for damage to their own property. No one else’s fault has to be proven. The policyholder generally needs to show that a covered event caused the loss and that the policy was in effect at the time. 

Eligibility to pursue legal action depends on the type of damage, the type of policy, and how the insurance company handled the claim. The sections below outline the case criteria for each type of storm damage claim. 

If you or a loved one had a storm damage insurance claim denied, underpaid, or delayed, you may qualify to file a lawsuit and receive compensation. Find out whether you qualify by calling Hissey Mulderig & Friend toll-free at 1-866-806-8117, or start your storm damage claim online today. 

Who Is Eligible to File a Hurricane Damage Insurance Claim?

Hurricanes and tropical storms cause two kinds of damage. Wind damage is generally covered by a homeowners or windstorm policy. Damage from storm surge, which is seawater pushed ashore by the storm, is generally excluded and falls under a separate flood policy. 

Disputes over hurricane damage insurance claims often turn on how much of the loss an insurer assigns to wind and how much it assigns to water. Property owners in the Texas coastal counties may be insured for wind through the Texas Windstorm Insurance Association (TWIA), which follows its own claims and dispute process. 

Texas property owners may be eligible to file a hurricane damage claim if they meet the following case criteria: 

1. Owned a home, business, or other property in Texas that was damaged by a hurricane or tropical storm; 
2. Had a homeowners, commercial property, or TWIA windstorm policy in effect at the time of the loss; 
3. Filed a claim that was denied, underpaid, delayed, or reduced by attributing wind damage to flooding or storm surge. 

Which Texas Property Owners Qualify for a Flood Damage Claim? 

Standard Texas homeowners policies do not cover flooding. Water that enters a property from the ground up, including overflowing creeks, storm surge, and overwhelmed drainage systems, requires a separate flood insurance policy. 

Most flood policies in Texas are issued through the National Flood Insurance Program (NFIP), a federal program run by FEMA. Flood damage insurance claims under the NFIP follow federal rules. Policyholders generally must submit a signed proof of loss, a sworn statement of the amount claimed, within 60 days of the loss. Disputes over NFIP claims are heard in federal court. 

Texas property owners may be eligible to file a flood damage claim if they meet the following case criteria: 

1. Owned property in Texas that was damaged by rising water, storm surge, overflowing waterways, or heavy rainfall; 
2. Had a flood insurance policy through the NFIP or a private flood insurer in effect at the time of the loss; 
3. Submitted a claim that was denied, underpaid, or closed without full payment. 

Texas Drivers Eligible for a Vehicle Storm Damage Claim 

Storm damage to a car, truck, or motorcycle is covered under the comprehensive portion of an auto insurance policy. Comprehensive coverage pays for damage not caused by a collision, including hail, wind, falling trees, and floodwater. Fault does not matter. 

Common disputes in vehicle storm damage claims include repair estimates that call for paintless dent repair when panels need to be replaced, total loss offers that undervalue the vehicle, and denials claiming the damage existed before the storm. 

Texas drivers may be eligible to file a vehicle damage claim if they meet the following case criteria: 

1. Owned a vehicle that was damaged by hail, wind, falling debris, or floodwater in Texas; 
2. Carried comprehensive coverage on their auto insurance policy at the time of the loss; 
3. Filed a claim that was denied, underpaid, or undervalued as a total loss. 

Qualifying for a Hail Damage Insurance Claim in Texas 

Hail damage claims are among the most frequently disputed property claims in Texas. Two policy features drive many of these disputes. The first is the percentage deductible, which is calculated as a share of the home’s insured value rather than a flat dollar amount. The second is the actual cash value roof endorsement, which pays only the depreciated value of an older roof instead of the cost to replace it. 

Insurers handling hail damage insurance claims also commonly attribute roof damage to age or a prior storm. These determinations can be challenged with independent inspections and weather data. 

Texas property owners may be eligible to file a hail damage claim if they meet the following case criteria: 

1. Owned a home or business in Texas with a roof, siding, windows, or gutters damaged by hail; 
2. Had a homeowners or commercial property policy with wind and hail coverage in effect at the time of the loss; 
3. Filed a claim that was denied, underpaid, or said to fall below the policy deductible. 

Eligibility Requirements for Texas Wind Damage Claims 

Straight-line winds and thunderstorm gusts can loosen roofing materials without leaving damage that is visible from the ground. Creased shingles, lifted flashing, and separated seams can allow water inside for months before interior damage appears. 

Because of that delay, insurers reviewing wind damage insurance claims often argue that the damage came from poor maintenance or normal aging. That conclusion is an opinion, and it can be disputed. 

Texas property owners may be eligible to file a wind damage claim if they meet the following case criteria: 

1. Owned a home, business, or other structure in Texas that was damaged by high winds; 
2. Had an insurance policy covering wind damage in effect at the time of the loss; 
3. Filed a claim that was denied, underpaid, or attributed to age, wear, or poor maintenance. 

Who Can Dispute a Tornado Damage Insurance Settlement? 

Tornadoes often destroy homes entirely. Claims involving total or near-total losses raise issues that partial damage claims do not, including policy limits, debris removal, and code upgrade coverage, which pays the added cost of rebuilding to current building codes. Additional living expenses, the cost of temporary housing and meals while a home is uninhabitable, are also frequently disputed. 

After a tornado outbreak, adjusters may prepare estimates quickly under heavy claim volume. Rushed estimates on tornado damage insurance claims can miss large portions of a loss. 

Texas property owners may be eligible to file a tornado damage claim if they meet the following case criteria: 

1. Owned a home, business, or other property in Texas that was damaged or destroyed by a tornado; 
2. Had an insurance policy covering the property in effect at the time of the loss; 
3. Filed a claim that was denied, underpaid, or paid without full coverage for living expenses, debris removal, code upgrades, or personal property. 

How Texas Law Protects Storm Damage Policyholders 

The Texas Insurance Code places specific duties on insurers handling first-party claims. Chapter 541 prohibits unfair settlement practices, such as refusing to pay without a reasonable investigation. Chapter 542, the Prompt Payment of Claims Act, sets deadlines for handling and paying claims. Insurers that miss those deadlines may owe interest and attorney’s fees. 

Chapter 542A applies to property damage caused by weather events. It requires policyholders to send written notice to the insurer at least 61 days before filing suit. Policies may also set deadlines for filing a lawsuit, so acting promptly matters. 

Contact a Texas Storm Damage Lawyer Today 

If you or a loved one had a hurricane, flood, vehicle, hail, wind, or tornado damage claim denied, underpaid, or delayed by your insurance company, you may qualify to file a lawsuit and receive compensation. 

The lawyers at Hissey Mulderig & Friend are currently accepting storm damage insurance claims involving home, business, and vehicle owners throughout Texas whose property was affected by wind, flood, tornado, hurricane, hail, or vehicle damage. 

Find out if you qualify or start your claim today by contacting Hissey Mulderig & Friend toll-free at 1-866-806-8117, or by sending us a message using the free claims submission form, located at the top of this page.