San Antonio Wind & Hail Insurance Claims Attorney
Texas is one of the most hail-prone states in the country, and San Antonio sits squarely in Hail Alley. After a major storm, homeowners and property owners file legitimate insurance claims — and too often find that their insurance company disputes the damage, underpays the claim, or denies it outright.
The Metyko Law Firm handles wind and hail insurance disputes, fighting insurance companies that fail to honor their obligations to policyholders. When your insurer plays games with a legitimate storm damage claim, you have legal options — including claims under the Texas Insurance Code that provide for additional damages and attorney's fees.
Why Insurers Fight Storm Claims
Insurance companies are profit-driven businesses. Every claim paid reduces the bottom line. After a major hailstorm — when thousands of claims are filed simultaneously — the financial pressure to minimize payouts is enormous. Common tactics include:
- Sending adjusters who undercount or minimize hail damage
- Attributing damage to "wear and tear" rather than storm event
- Applying excessive depreciation to reduce actual cash value payments
- Disputing the scope of required repairs
- Delaying claim resolution beyond reasonable timeframes
- Denying claims for alleged "pre-existing conditions"
- Undervaluing replacement cost vs. actual cash value
Your Rights Under Texas Law
Prompt Payment of Claims — Chapter 542
Texas Insurance Code Chapter 542 requires insurers to acknowledge claims within 15 days, accept or reject within 15 business days of receiving all required items, and pay accepted claims within 5 business days. Violations of these deadlines entitle the policyholder to interest on the unpaid amount at 18% per year — plus attorney's fees.
Unfair Settlement Practices — Chapter 541
Chapter 541 prohibits insurance companies from engaging in unfair settlement practices, including misrepresenting policy terms, failing to conduct a reasonable investigation, and refusing to pay claims without conducting a reasonable investigation. Violations can result in actual damages, additional damages up to three times actual damages, and attorney's fees.
The Texas DTPA
Insurance code violations can also form the basis for DTPA claims, providing additional remedies including treble damages for knowing or intentional conduct.
What to Do After a Hailstorm
- Document everything immediately — photograph all damage before any temporary repairs, from multiple angles
- Get your own inspection — have a reputable contractor or public adjuster assess the damage independently before the insurance adjuster arrives
- File your claim promptly — most policies have prompt reporting requirements
- Keep all receipts — for any emergency or temporary repairs made to prevent further damage
- Do not sign a release — until you are certain the settlement covers all your damages
- Request a copy of everything — the adjuster's report, your policy declarations, and all communications
Frequently Asked Questions
My insurance company sent an adjuster who says the damage is minimal. What are my options?
You have the right to dispute the adjuster's assessment. You can hire a public adjuster to represent your interests, get competing contractor estimates, and if necessary invoke the appraisal clause in your policy — which allows both sides to hire appraisers and an umpire to resolve the dispute without litigation. If the insurer is acting in bad faith, you may also have a lawsuit under the Texas Insurance Code.
What is the appraisal clause in my homeowner's policy?
Most Texas homeowner's policies include an appraisal clause that allows either party to demand an appraisal if there is a dispute over the amount of loss. Each side selects an appraiser; the two appraisers then select an umpire. The appraisal panel's decision on the amount of loss is binding. This process can be faster and less expensive than litigation for straightforward valuation disputes.
How long do I have to file a hail damage claim in Texas?
Your insurance policy will specify a reporting deadline — often one to two years from the date of loss. Texas also has a two-year statute of limitations for suits against insurers. Do not wait — evidence degrades and it becomes harder to connect damage to a specific storm event over time.
My claim was denied. Is it too late?
Not necessarily. A denial is not necessarily final. You can request reconsideration with additional documentation, invoke the appraisal clause if the dispute is over amount, or pursue legal action if the denial was wrongful. The key is acting before deadlines expire. Call us.