The best action that you can take as a property owner is to file your claim as soon as possible after you have experienced any significant loss or damage. One reason many policyholders believe that they should delay filing a claim is that they worry that their premiums may go up. Some individuals believe that it may be cheaper to do the repairs themselves rather than involve the insurance company. Additionally, there may also be confusion as to how to navigate the claims process on their own or do they not fully understand their policy.
Nevertheless, it is crucial that you do not wait too long to file a claim. There are varying time limits that are imposed on claims. Missing deadlines for the type of claim that you need to file may seriously impact your chances of being able to recover compensation.
The members of our law firm are extremely knowledgeable as to the time limits that insurance companies impose in regard to filing a claim. We can answer any questions that you may have, as well as review your claim before you submit it to your insurer. Call our call offices at 855-786-7674 and schedule a free initial consultation with one of our experienced claims attorneys.
Is There a Statute of Limitations to File a Property Damage Claim In Texas?
Texas does have a statute of limitations when it comes to filing property damage claims. Legally a statute of limitations is the amount of time that state law specifies in which a lawsuit may be filed if you want to formally dispute your insurance carrier’s decision in Court.
Even though most carriers insert their own deadline for policyholders to dispute a claim (usually 1-2 years after the date of loss), Texas has a two-year filing deadline based on when the insurance carrier made its claim decision on a property claim. This filing deadline applies to any lawsuit that would be based on an insurance company’s unreasonable settlement claim practices (wrongful denial, prompt pay violations). In other words, in order to formally dispute your insurance claim decision, you must hire a lawyer and have them file a lawsuit within two years from the date of the insurance company’s claim decision on your claim. That is almost always more than the time allotted for in most insurance policies which is based off the date of loss.
The problem for many policyholders is that sometimes we just don’t know there were damages from a storm event until several weeks or months after the storm/damaging event (“date of loss”) because it can take time for damaged properties (especially roofs) to show effects from the storm.
Is There a Way to Extend the Statute of Limitation Deadline in Texas?
Under certain conditions, Texas does permit the statute of limitations to be extended in regard to the time allowed to file a claim.
If for some reason the defendant (the individual who has had the claim filed against them) is absent from the state of Texas for any portion of the two-year period, the statute of limitations may be suspended for the length of the absence.
Another reason the time period surrounding the statute of limitations may be suspended is because the property owner is, in legal terms, “under a legal disability.” This applies if the property owner is under the legal age of 18 or has been legally declared to be of “unsound mind.” However, the statute of limitations cannot be suspended if the legal disability arises after the time period has already begun.
If you need assistance in being able to understand how the statute of limitations relates to your claim, contact our law firm, and arrange to speak with a member of our legal team who can thoroughly review your claim and answer all of your questions.
Why Should I Hire an Attorney to Help Me File a Claim in Texas?
It may be tempting to not file an insurance claim in Texas for fear of premium increases or even uncertainty over how the claims process works. Our knowledgeable attorneys can help you understand the claims process and help determine what strategy would be best for you. Filing your claim immediately after you have suffered damage or loss is imperative as often the entire process can be slow, so time is of the essence.
Call our law offices today at 855-786-7674 and schedule a free case review. We look forward to assisting you.