Amarillo Hail Storm and Property Damage Claims

Recently, a disastrous hail storm hit our northern neighbors in Amarillo. Reports have estimated the damages will total $400 million including thousands of homes and businesses. Witnesses in several areas reported seeing hail the size of apples and baseballs. If you escaped this storm damage-free, consider yourself lucky. However, if you are like thousands of Amarillo homeowners and you experienced damage to your property, there are several things that you must keep in mind. First, if you suspect your property was damaged, and you have not already done so, call your insurance company immediately to report your claim as this triggers several deadlines and obligations on the part of the insurance company.*** One of the most important things you can do to enhance your chances of a fair recovery is DOCUMENT, DOCUMENT, DOCUMENT. Make sure to take photograms depicting the damages both inside and outside your property. Don’t forget to account for damage to your personal property such as clothing, furniture and appliances. Remember to take whatever steps you can to protect your property i.e. roof tarp, boarding windows, etc., and keep receipts/invoices for any mitigation expenses. This not only makes sense as a homeowner, but you are required to do so under your policy. Failure to do so will only give the insurance company yet another reason to deny your claim. However, please note that the insurance company has a right to investigate your loss, including inspecting the damages, and you run the risk of having your claim denied if you make repairs before the insurance company has an opportunity to investigate. Recently, a homeowner in Texas learned this lesson the hard way. In Santacruz v. Allstate Texas Lloyds, Inc., 3:12-CV-02553-BK, 2013 WL 3196535 (N.D. Tex. June 25, 2013), a homeowner was precluded from recovering from his insurance company for storm damage to his home because he repaired the home too quickly. The day after a storm damaged his roof, Mr. Santacruz called Allstate to report his claim. He told the Allstate representative told about the storm and about the roof being tarped and stated that he had workers at the house ready to fix the roof. Because the workers were already on site, he requested that his insurance company send someone to his home to examine the roof. Allstate informed Mr. Santacruz that it could send an adjuster to his home in a couple of days. Rather than wait, he had the entire roof replaced that day. Two days later when the adjuster arrived to inspect the roof, it had already been replaced. The court ruled in Allstate’s favor and dismissed Mr. Santacruz’s case finding that under the policy, Allstate had a right to inspect the property to determine if his losses were even covered and, if so, to determine the reasonable cost of repair. Once you have notified your carrier and made sure to protect your home form further damage, get repair estimates, written if possible, from reputable contractors. It is crucial that you have a real-world idea of what it’s going to cost to repair your property so that you can gauge whether the insurance company’s estimate is fair. Be proactive and do not simply take the adjuster’s or insurance company’s word on scope or cost of repairs. If after navigating the claims-handling maze, you are not satisfied with your insurance company’s offer and need help, please contact Arguello Law Firm today. *** Pursuant to the Texas Insurance Code, within 15 days after receiving notice of your claim, the insurance company must acknowledge receipt of the claim, begin any investigation for the claim, and specify the information you must provide in accordance with your policy. After your carrier receives all the information it requested (this usually also includes an inspection of the property), it must notify you within 15 days in writing whether your claim will be paid, has been denied or whether more information is needed. Although, it does not apply in the case of the Amarillo hail storm, these deadlines can be extended for an additional 15 days in the event of a weather-related catastrophe or major natural disaster. When do you get paid? If the insurance company notifies you that it will pay your claim (or at least part of it), the company must pay within 5 business days after it notifies you.