Water Damage Attorney

What You Need to Know About Water Damage Claims in Texas

When water enters your home or business, it can cause extensive and costly destruction. From rotting wood and weakened foundations to ruined furniture and electronics, water damage impacts nearly every part of your property. It can also create serious health risks, as stagnant moisture leads to mold, bacteria, and other contaminants.

The National Flood Insurance Program (NFIP) defines flooding as an overflow of water onto normally dry land that affects at least two properties or acres. Unlike water damage from internal issues like leaks or plumbing failures, flood damage stems from natural events, such as heavy rainfall or major storms. These events occur outside of the property and cause water levels to rise past the property’s threshold.

Flooding is generally not covered under homeowners or commercial property insurance and requires an additional flood insurance policy. The National Association of Insurance Commissioners (NAIC) advises property owners and renters to acquire coverage under a flood insurance policy, citing that one inch of water can result in tens of thousands of dollars in property damage.

It can be disheartening and frustrating when insurance companies deny your claim or don’t provide the level of compensation you feel you’re entitled to.

If your insurer delays, underpays, or denies your claim, it’s important to understand your rights under Texas Insurance Code §542.056, which sets strict timelines for insurer responses.

Common Types of Water Damage

In Texas, water damage often results from Gulf Coast storms, hurricanes, flash floods, and winter freezes that burst pipes and overwhelm drainage systems. Texas homeowners and business owners often face several forms of water damage, including:

• Property and Structural Damage: Warped floors, cracked walls, and foundation weakening caused by prolonged moisture exposure.
• Mold and Mildew Growth: Rapid mold spread within 24–48 hours after water intrusion, posing serious health risks.
• Damage to Personal Belongings: Loss of furniture, electronics, clothing, and important documents.
• Plumbing and Pipe Failures: Burst pipes during Texas freezes or leaks from old plumbing systems.
• Storm and Flood Damage: Water intrusion from hurricanes, flash floods, or tropical storms common to the Texas Gulf Coast.

Even a small leak can escalate into major property damage if not addressed immediately.

Does Your Homeowners Insurance Policy Cover Water Damage?

Water damage is more common than many realize across the United States, including Texas. According to the Insurance Information Institute, water damage and freezing constitute about 23% of losses incurred under homeowners insurance, with an average claim value of about $15,400. These numbers highlight how devastating even a single incident can be.

Homeowners insurance can cover certain types of water damage, but coverage depends on the cause and how the damage occurred.

• Typically Covered: Sudden and accidental incidents such as burst pipes, appliance malfunctions, or plumbing leaks.
• Usually Excluded: Flooding, sewer backups, and gradual leaks that develop over time.
• Conditions and Requirements: Policyholders must report damage promptly, take reasonable steps to prevent further harm, and maintain clear documentation when filing a claim.

It’s also important to know that standard homeowners insurance does not cover flood damage. To protect against flood-related losses, Texas homeowners must purchase a separate flood insurance policy through the National Flood Insurance Program (NFIP).

If your insurer delays or denies your claim, remember that Texas law allows one year to file a lawsuit for certain water damage insurance disputes.

How Does a Water Damage Attorney Assist with Delayed, Denied, or Underpaid Insurance Claims?

When your insurance company delays, denies, or underpays your claim, a Texas water damage attorney can make all the difference. These attorneys carefully evaluate the true extent of water damage, review your policy for coverage details, and ensure insurers follow Texas Insurance Code §542.055, which requires prompt acknowledgment and investigation of claims.

A skilled attorney will:

• Assess inspection reports, photos, and expert repair estimates to determine the full extent of your losses.
• Organize and submit complete documentation early to prevent unnecessary disputes or delays.
• Communicate directly with adjusters to clarify details and avoid misinterpretation.
• Take legal action if your insurer fails to comply with Texas insurance laws or undervalues your claim.

Timely filing is critical. Under Texas law, policyholders generally have two years from the date of denial to file a lawsuit against their insurer. Early legal representation helps preserve your rights and strengthens your case for full compensation.

Leveraging the Texas Prompt Payment Act Against Delayed Water Claims

Water claims can be delayed for several reasons, often leaving property owners frustrated and unsure of next steps:

• Incomplete or inaccurate claim documentation.
• Requests for excessive additional information from the insurer.
• Miscommunication between the policyholder and the insurance company.

Insurance companies may delay payment for your water damage claim even when coverage should apply. Common reasons include:

• The insurer is disputing the cause of damage.
• Missed filing deadlines or paperwork errors.
• Misinterpretation of the insurance policy terms.

When an insurance company stalls after you’ve submitted all required documentation, the Texas Prompt Payment of Claims Act protects you. This law holds insurers accountable for unnecessary delays by setting strict deadlines to investigate and pay valid claims.

If your insurer fails to meet these deadlines, they may owe you:

• An 18% statutory interest penalty on the amount due, and
• Reasonable attorney’s fees for enforcing your rights.

A skilled water damage claim lawyer helps speed up the process by:

• Reviewing and organizing all documentation to meet insurer requirements.
• Communicating directly with the insurance company to clarify details.
• Following up persistently to keep the claim moving.
• Holding the insurer accountable under the Texas Prompt Payment of Claims Act if unnecessary delays occur.

Fighting Unreasonable Denials of Water Claims

Claims may be denied even when coverage should apply. Common reasons include:

• The insurer is disputing the cause of damage.
• Missed filing deadlines or paperwork errors.
• Misinterpretation of the insurance policy terms.

A water damage attorney can challenge denials by:

• Reviewing the policy and denial letter thoroughly to identify coverage gaps or errors.
• Gathering evidence to support the claim, including photos, repair estimates, and expert reports.
• Negotiating with the insurer or pursuing legal action if necessary.

Challenging Lowball Offers and Unfair Depreciation in Water Claim

Insurers often undervalue water damage claims, leaving policyholders with insufficient compensation. A water damage dispute lawyer helps by:

• Documenting the full extent of damages, including hidden or long-term effects.
• Working with experts to provide accurate repair and replacement estimates.
• Advocating to recover the full insurance payout owed to the policyholder.

Why Choose Pandit Law: Your Experienced Partner for Water Claims in Texas

Pandit Law is a trusted choice for property owners facing water damage claims in Texas. Our team combines deep expertise, local knowledge, and a commitment to securing fair compensation for every client.

Working with water damage lawyers at Pandit Law, you gain an advocate who understands both the complexities of insurance claims and the urgency of recovering from property damage.

Here’s what sets us apart:

• Experienced in Water Damage Claims: Our attorneys have handled numerous water damage insurance claims, ensuring clients receive guidance tailored to their situation.
• Proven Track Record of Success: We have a history of helping Texas property owners recover fair compensation for their losses.
• Aggressive Advocate Against Bad Faith: We take a firm stand when insurers act in bad faith, protecting your rights and interests.
• Personalized Case Evaluation: Each claim receives individualized attention to maximize potential recovery.
• Local Knowledge, National Expertise: We bring national legal expertise while serving Texas communities and the Gulf Coast region.