Houston Roof Guide: Can You Take Your Insurance to Court?

When your Houston roof claim gets denied, it feels like you’re running into a brick wall. Some of the insurance businesses hope that you’ll just walk away after the “no.” Actually, about 40% of denied claims could get approved if you just stick with it and manage facts.

Going from a denial to a possible court case takes some real work. You’ll probably want to take some pictures of all of the damage, your “before and after” photos, and save every single email or letter from your insurance company. To build a good case, you need to completely understand what your policy actually says and which of the Texas laws apply to your particular situation. Remember that insurance businesses have lawyers working for them – you should maybe have somebody knowledgeable on your side, too.

The legal system helps you when the insurers don’t pay the claims that they should.

Once you’ve collected all of your evidence, you can start to see through the excuses your insurer could be using to avoid paying your claim.

Claim Denial

Insurance businesses don’t always play fair with your roof claims. They might turn down your claim because they say that you don’t have enough proof of damage. Sometimes, they point to the fine print in your policy that excludes the kind of damage your roof has. Other times, they might claim your roof was already damaged before the storm hit.

When your claim gets denied, you’ll get a letter explaining why. Read this letter carefully. The reason they give might not actually tell the whole story. You need to find out if they’re being honest or if they’re just trying to stay away from paying you what you deserve.

Bad faith happens when insurance businesses unfairly deny claims that they should pay – this might include ignoring the evidence you provided or dragging out the process until you give up. They might also give you much less money than you need to fix your roof. Some businesses even change their adjusters repeatedly to wear you down.

Texas has some laws to protect homeowners from these tactics. Insurance businesses have to respond to your claims within specific time frames. They also need to give you reasons for any denial. When they don’t follow these laws, they may be acting in bad faith.

Houston homeowners often don’t know that they can fight back. You have some options if you believe your claim was wrongfully denied. You can appeal the decision directly with your insurance company first. Gathering more evidence, like photos or contractor estimates, can strengthen your case.

If your appeal doesn’t work, you might need to take some stronger action. You can file a complaint with the Texas Department of Insurance. They oversee the insurance businesses and can sometimes help to resolve disputes. Many homeowners try this step before thinking about legal options.

The insurance appeal process can be frustrating. Most homeowners have never dealt with serious roof damage before. The paperwork and technical terms can seem stressful. Remember that the insurance businesses manage thousands of claims while you’re just trying to fix your home.

Reasons for a Lawsuit

Insurance businesses sometimes don’t deliver what they promised in your policy. You might think about whether what your insurer did is actually wrong. If they’re being unfair on the job, you might have a strong case against them.

Homeowners take their insurance businesses to court because of bad faith practices – this happens when your insurance company turns down your valid roof claim without any reason. They might refuse to pay you without explaining why your damaged roof isn’t covered under your policy.

Low settlements have repeatedly caused legal problems, too. Your insurance company might give you just $5,000 for repairs that would actually cost about $15,000. They’re betting you’ll just take whatever money they give you instead of fighting for what you should get.

Slow processing can also be a valid reason to take some legal action. Some businesses take months to process your claim after a storm damages your roof. They know you’re probably eager to fix your home and hope you’ll get tired of waiting for them to respond.

Your insurer might not check out all your roof damage. They sometimes send an adjuster who spends just five minutes looking at your roof before saying there’s only minimal damage. A thorough inspection would show way more damage that should be covered under your policy.

It’s frustrating when insurance businesses misrepresent what’s in your policy. Your agent may have told you that roof damage was covered when you bought your policy. But when you file a claim, the company points to some fine print saying something completely different.

Your case gets stronger if your insurance company’s actions cause more damage to your home. Let’s say their six-month delay in handling your claim allowed water to leak in and ruin your ceilings and walls. They should be responsible for all of this extra damage.

Make sure that you save everything before you file a lawsuit! Keep all your emails, letters and notes from phone calls with your insurance company. Take lots of photos of your roof damage and save all of the repair estimates you get from contractors!

Pre-Litigation Options

When your insurance company denies a roof claim, you don’t need to rush to court. There are a few steps that you can take first. Actually, homeowners have found some success by filing an appeal directly with their insurance company. You just need to find some more evidence about your roof damage.

Taking photos of all of the damage is a promising place to start. You might want to get a second opinion from another roofing contractor, too. Their report can give you some more proof for your case. Make sure that you have copies of all emails and letters between you and your insurance company.

The Texas Department of Insurance can be a big help in these situations. They manage all complaints about insurance businesses and often get positive results. You’ll need to fill out their complaint form with all of the details about your claim. They usually contact the insurance company within a few days of receiving your complaint.

Mediation is another idea that Houston homeowners might not know about. It’s less formal than going to court but can still help resolve your dispute. A neutral third party helps both sides find a middle ground. This process is usually much faster than going to court.

You could also think about hiring a public adjuster to review your case. They work for you, not for the insurance company. They can find facts that the insurance adjuster may have missed. Their fee is usually a percentage of what you recover.

Sometimes, sending a formal demand letter gets results. This letter should explain what happened and what you want from the company. Insurance businesses usually respond better when they see that you’re serious about pursuing the matter. Give them a deadline to respond.

Arbitration is like mediation, but it’s more structured. Both sides present their case to an arbitrator who makes a decision. Though it’s usually binding, it can resolve the dispute completely. The costs are usually shared between you and the insurance company.

Keep a Record of Your Damage

When you’re thinking about taking your insurance company to court, your strongest weapon is having some good paperwork. You need to find all kinds of evidence about what happened to your roof. Take lots of pictures of the damage from different angles. Get a few repair estimates from local Houston roofers who know what they’re doing.

Keep a record of all your conversations with the insurance company. Write down who you talked to and what they said each time. Save every email and letter they send you. If they make any promises over the phone, follow up with an email to confirm what was said.

Weather reports can be helpful for your case, too. They show when the storms hit your area – it actually makes it harder for insurance companies to claim that the damage happened at a different time.

One of our clients – Maria – almost lost her case because she didn’t have enough pictures. She only took a few photos after the big hailstorm last year. The insurance company argued that the damage wasn’t as bad as she claimed. Luckily her neighbor had taken more pictures that showed Maria’s roof.

Professional roof inspectors can make a huge difference in your case. They know what to look for and how to document it. Houston homeowners often win their cases because they hired somebody who could explain the damage in terms that the court understands.

Keep everything organized in one place. Use a folder or online file that you can find when it’s needed. Label everything with the dates so you can show the timeline of events.

Remember to document any temporary repairs you make. If you put a tarp on your roof to prevent more damage, take pictures and save the receipts for materials – that’ll show you tried to reduce the damage, which insurance companies usually like.

Legal Time and Costs

Take your insurance company to court in Houston over a roof claim, costs are actually more expensive than most homeowners expect. Attorney fees usually run about $200 to $400 per hour, which can add up quickly when your case takes a few months to resolve.

You’ll probably need to pay about $300 to $400 just to file your lawsuit with the court. Then you might also need some expert witnesses to support your claims about your roof damage. They usually charge between $1,500 and $5,000 for their time and testimony.

When you introduce the depositions, each one of them can cost between $500 and $1,000. When you add everything up, your total bill might range from $10,000 to $50,000 or sometimes even more. The more tough your case is, the higher your costs are likely to be.

Most of the roof claim legal disputes take between six months and a year and a half to finish. That’s quite a long wait for an answer to your problem, so you’ll probably need patience throughout the entire process.

Texas law usually can give you about two years to file your lawsuit after your claim gets denied. If you miss this deadline, you lose your right to sue – period. Many homeowners aren’t aware of this time limit and they wait too long, which leaves them without any legal options.

If you win your case, the court might make the insurance company cover some of your legal fees – this doesn’t happen every time, though. Don’t count on getting all of this money back when you’re deciding whether to take legal action.

Expert Assistance and Fees

When you’re thinking about taking your insurance company to court over a roof claim, you might want to hire an attorney. Somebody with real experience can actually look at your case and tell you if it’s worth fighting for. They help you become aware of whether the insurance company is being fair to you.

Lawyers who know about home insurance can manage all of the back and forth with the company for you. They’ll send letters, make phone calls, and find evidence that shows the real damage to your roof. Some lawyers have worked on hundreds of cases just like yours and know what to expect from each insurance company.

Homeowners in Houston have won much bigger settlements because they had legal help. One family was offered only $5,000 for hail damage that would cost about $25,000 to fix. Their lawyer brought in a roofing expert who showed proof of the damage.

Your lawyer might bring in specialists to look at your roof. They can find the damage that adjusters sometimes miss or downplay. Their testimony can make a difference in court, though they usually charge between $200 and $500 per hour for their services.

In Texas, you frequently need expert testimony to prove your case in court. Without it, the judges might not accept your claims about the repair costs. Your attorney will know what kind of expert your situation needs.

The cost of hiring a lawyer can be a bit high. Most work on a contingency basis, taking a percentage of what you win instead of charging by the hour – that means they only get paid if you do, which can be reassuring when you’re already dealing with roof damage.

Public adjusters are another idea for homeowners in Houston. They can negotiate with the insurance companies on your behalf and charge no more than 10% of your settlement in Texas. But they can’t represent you in court if the negotiations break down.

A Secure Home Starts with a Solid Roof

Taking your insurer to court shouldn’t be your first step. But it’s actually reliable to know that you have this option if all other approaches don’t work out for you. How would you feel if you knew what to do the next time extreme weather damages your roof? When you have this knowledge, it can give you some power when you’re handling the sometimes confusing insurance claims.

Remember that keeping records of all of the damage, communications, and repair estimates helps you no matter which path you choose to take. Have you grabbed all your photos from different angles? Did you save all your emails and take some notes during your phone calls with your insurance company? These easy steps can help if you need to prove your case later on. When you talk to a qualified attorney who knows about insurance law in Texas, it could give you some ideas about your situation.

Do you have some concerns about the safety of your family or the worth of your property? These are completely normal anxieties when you have roof problems. While legal action is sometimes needed, disputes can sometimes be settled through documentation and communication – and sometimes with help from the Texas Department of Insurance.

On the topic of protecting your home, having experts check your roof is always a sensible choice before the problems get worse. At Roof Republic, we specialize in commercial and residential roofing, and we have our headquarters in Texas. We work primarily in the Greater Houston Area.

Protect your investment and your safety by trusting your roof repair needs to the experts. Contact us for a free inspection, and let’s take care of your roof with the professionalism it deserves. When in doubt – it’s usually best to consult with a trusted roofing professional like Roof Republic. We can provide you with expert advice and quality repair services. Get in touch with us!