Wind & Hail · November 2025 · 10 min read
Texas leads the nation in hail damage. After a major storm, thousands of claims are filed — and insurance companies, under enormous financial pressure, find every reason they can to pay less. Here is what every Texas homeowner needs to know before, during, and after the claims process.
Before the Storm: Know Your Policy
The best time to understand your homeowner's insurance policy is before you need it. A few key things to locate and understand now:
- Your dwelling coverage limit — the maximum the policy pays to repair or rebuild your home
- Replacement Cost Value (RCV) vs. Actual Cash Value (ACV) — RCV pays what it costs to replace damaged items new; ACV subtracts depreciation. RCV policies are significantly more valuable for hail claims
- Your wind/hail deductible — many Texas policies have a separate, higher deductible for wind and hail (often 1–2% of dwelling value rather than a flat dollar amount)
- Reporting requirements — most policies require you to report damage promptly, often within one to two years of the storm date
- The appraisal clause — a dispute resolution mechanism that can be valuable if the insurer undervalues your claim
Immediately After a Storm: Document Before Anything Else
Before any repairs are made — even temporary ones — document everything. This is the single most important step in protecting your claim.
- Photograph all visible damage: roof, siding, gutters, windows, HVAC units, vehicles, fences, outdoor structures
- Photograph from multiple angles and distances — wide shots showing extent, close-ups showing impact points
- Note the date and time of your photos (most smartphones embed this automatically)
- Save any weather data or news coverage documenting the storm — date, time, location, hail size
- Do not allow anyone to begin major repairs until your claim is filed and the damage is documented
You may make emergency temporary repairs to prevent further damage — cover a broken window, tarp a badly damaged roof section. Keep all receipts. These costs are generally reimbursable under your policy. But do not allow permanent repairs to begin until the damage is properly documented and your insurer has had an opportunity to inspect.
Filing Your Claim: The Process
Call your insurance company's claims line or contact your agent to report the damage. Provide the date of loss (the storm date), a general description of the damage, and your contact information. The insurer is required under Texas law to acknowledge your claim within 15 calendar days and to accept or deny within 15 business days of receiving all required items. Get a claim number and write it down.
The Insurance Adjuster's Inspection: What to Expect
The insurance company will send an adjuster to inspect your property. Here is what you need to know about this step:
The adjuster works for the insurance company, not for you. Their job is to assess the damage — but their financial incentive is to find less damage, not more. They may miss items, attribute damage to wear and tear rather than storm, or apply excessive depreciation.
Before the insurance adjuster arrives, consider getting your own inspection from a reputable roofing contractor. A contractor's written assessment of the damage, prepared independently and before the adjuster's visit, gives you a benchmark against which to compare the insurance adjuster's findings.
Be present during the adjuster's inspection if at all possible. Point out all damage you have documented. Ask questions about what they are noting and what they are attributing the damage to.
When the Insurance Company Underpays
You receive a settlement offer. It covers about half of what your contractor says the repairs will cost. Or the insurer attributes half the damage to "wear and tear." Or they deny the roof entirely but offer something for the gutters. What now?
Option 1: Supplement Your Claim
You can submit a supplemental claim with additional documentation — contractor estimates, photos, weather data — that supports a higher value. Insurers frequently settle supplemental claims when presented with well-documented contractor support.
Option 2: Invoke the Appraisal Clause
If the dispute is over the amount of loss (not whether coverage applies), most Texas homeowner's policies allow either party to demand appraisal. Each side selects an appraiser; the two appraisers select an umpire; the panel's decision on the amount of loss is binding. This can be a faster and less expensive path than litigation for clear valuation disputes.
Option 3: Hire a Public Adjuster
A public adjuster represents your interests — not the insurance company's. They assess your damage independently and negotiate with the insurance company on your behalf. They typically charge a percentage of the insurance proceeds.
Option 4: Consult an Attorney
If your insurer is acting in bad faith — delaying without reason, misrepresenting policy terms, refusing to pay a clearly covered claim without conducting a reasonable investigation — you may have claims under Texas Insurance Code Chapters 541 and 542 that provide for additional damages and attorney's fees.
Your Rights Under the Texas Insurance Code
Texas Insurance Code Chapter 542 requires your insurer to acknowledge your claim within 15 days, begin an investigation within 15 days, and pay accepted claims within 5 business days. Violations entitle you to interest at 18% per year on the unpaid amount, plus attorney's fees.
Chapter 541 prohibits unfair settlement practices — including misrepresenting policy terms, failing to conduct a reasonable investigation, and refusing to pay without a reasonable basis. Violations can result in actual damages, up to three times actual damages for intentional conduct, and attorney's fees.
These provisions create real consequences for insurers who play games with legitimate claims. An insurer facing a bad faith claim — in addition to the underlying claim value — has significantly more incentive to resolve the dispute fairly.
Common Mistakes to Avoid
- Accepting the first offer without review — get contractor estimates before accepting any settlement
- Signing a release before all repairs are complete — you may discover additional damage during repairs
- Waiting too long — your policy has reporting deadlines; the statute of limitations runs from the date of loss
- Allowing unauthorized contractors to do "free roof inspections" — storm chasers who promise to handle your claim in exchange for the insurance proceeds often create more problems than they solve
- Throwing away storm-damaged materials before the adjuster inspects — damaged shingles, gutters, and other materials are evidence
When to Call an Attorney
You should consult an attorney if your claim is denied, if the settlement offer is significantly below your contractor's estimate and supplemental claims haven't resolved the gap, if your insurer is delaying without explanation, or if you believe the insurer is misrepresenting your policy's coverage. The consultation is free — and understanding your rights costs you nothing.
About the Author
Mathews Metyko
Attorney at Law — The Metyko Law Firm PLLC | OEF Veteran | MBA | St. Mary's Law