Texas Flood Damage Attorney

Understanding Flood Damage in Texas

Texans know the devastating impact of flooding well. The state's geographical and climate conditions make it particularly susceptible to flooding events.

Between 1960 and 2016, Texas saw a staggering $54.2 billion in property damage due to hydrometeorological disasters. Flooding was a significant contributor, being responsible for 24% of these damages.

The frequency of floods in Texas is notably high, with approximately 400 flooding events occurring annually. Moreover, floods account for a sizable portion of natural disasters in the state, representing roughly 90% of such incidents and averaging an annual cost of approximately $254 million.

In specific flooding events, the consequences can be nothing short of catastrophic.

For instance, during the 2015 Blanco River flood, the river rose from five feet to over 40 feet of water within hours, resulting in extensive property damage and tragic loss of life. The estimated damages in this event exceeded $45 million in Houston alone.

Statistics like these underscore the severe and persistent risk flooding poses to property in Texas — and the substantial economic repercussions and human toll associated with such events.

Do I Need Flood Insurance if I Have Homeowners Insurance?

You may need flood insurance even if you have homeowners insurance. Most standard homeowners insurance policies don’t cover damage caused by flooding.

Homeowners insurance covers a wide range of perils, including fire, theft, and certain types of water damage (like burst pipes), but typically excludes damage caused by flooding. For insurance adjustment purposes, flooding refers to water that enters your home from an external source, such as heavy rain, storm surges, or overflowing rivers.

In light of this, you should consider purchasing a separate flood insurance policy to protect your home and personal belongings from flood damage. Flood insurance can be obtained through the National Flood Insurance Program (NFIP) or private insurers.

Your decision to purchase separate flood insurance may depend on factors like your location, your lender's requirements (if you have a mortgage), and the overall flood risk in your area.

What Does Flood Insurance Cover?

Flood insurance may offer the following types of coverage:

1. Building Property Coverage: This includes the structure of your home, such as the foundation, walls, floors, roof, electrical and plumbing systems, built-in appliances, and central air conditioning systems.
2. Personal Property Coverage: Protects your personal belongings, including furniture, clothing, electronics, and appliances.
3. Cleanup and Removal: Flood insurance usually includes coverage for the cost of cleaning up and removing debris, as well as drying out your home after a flood.
4. Temporary Housing Costs: If your home becomes uninhabitable due to flood damage, flood insurance may cover the additional living expenses you incur while you’re temporarily displaced, such as hotel bills and meals.
5. Basement Coverage: Coverage may be available for certain items in your basement, such as furnaces, water heaters, and utility connections; however, this protection is often more limited than coverage for above-ground structures and contents.

It's important to carefully review your flood insurance policy to understand its terms, limits, and exclusions. Note that flood insurance generally doesn’t cover damage caused by sewer backups, seepage through the foundation, or damage to landscaping and outdoor property.

Common Causes of Flood Insurance Claim Denials

While flood insurance can be a valuable safeguard against water-related property damage, it’s possible for claims to be denied for various reasons. Common grounds for denial include:

• Policy Exclusions: Specific types of damage or circumstances may be excluded from your coverage.
• Insufficient Documentation: Lack of proper evidence, like photos, receipts, or damage records, can lead to denials; thoroughly documenting the damage is therefore crucial.
• Late Reporting: Delays in reporting might hinder the assessment process and result in denial.
• Policy Lapses: Make sure your flood insurance policy is active when damage occurs, as lapsed policies usually lead to claim denials.
• Misrepresentation: Providing inaccurate information on your claim can result in denial.
• Non-Compliance: Failing to meet certain policy terms, such as mitigation efforts, can lead to denial.
• Property Maintenance: When failure to perform adequate upkeep on your property contributes to damage, it can affect your claim.
• Coverage Limits: Claims exceeding policy coverage limits may be denied or only partially paid.
• Pre-Existing Damage: Damage predating the flood event and not covered by the policy will likely result in denial.
• Waiting Periods: Some policies have waiting periods; claims made within this period may be denied.
• Flood Zone Errors: Incorrect flood zone classification can impact coverage and increase the chances of denial.

It’s essential to review the terms and conditions of your flood insurance policy carefully to avoid being caught off guard by a denial. A qualified flood insurance claim attorney can help you parse the particulars of your plan.

Bad Faith Practices in Flood Insurance Claims

Unfortunately, insurance companies have been known to engage in various bad faith practices in an effort to avoid paying out claims. This occurs when insurance adjusters unfairly deny valid claims. Here are some of the tactics they might use:

1. Unjustified Denials: Denying claims without valid reasons or thorough investigation.
2. Delayed Handling: Deliberately prolonging the claims process without cause.
3. Underpayment: Offering settlements far below the actual damage value.
4. Failure to Investigate: Not conducting a proper investigation before issuing a denial.
5. Misinterpretation of Policies: Providing incorrect interpretations of policy terms.
6. Intimidation or Harassment: Using aggressive tactics to dissuade policyholders from pursuing claims.

If you suspect bad faith practices are behind your flood insurance claim denial, seek legal assistance. An experienced bad faith insurance attorney can help you push back against a denial and hold your insurer accountable for their actions.

As a policyholder, you have certain rights, and legal recourse is available to ensure fair treatment.

How Our Flood Insurance Claim Attorneys Can Help You

The seasoned attorneys at Omar Ochoa Law Firm are here to guide you through the complexities of a flood damage insurance claim. Our team will ensure that your rights are protected, your claim is processed properly and fairly, and you receive the compensation you’re due.

Here are just a few of the ways we can assist you:

• Policy Analysis: Our lawyers can provide a clearer understanding of your policy terms and exclusions.
• Claim Review: We'll thoroughly examine your policy to confirm that you have a valid claim.
• Documentation: We’ll assist in gathering all necessary documentation to support your claim.
• Bad Faith Investigation: If we suspect bad faith practices, we'll investigate the insurer's behavior and take appropriate action.
• Appeals: If your claim is denied, we can guide you through the appeals process.
• Negotiations: We’ll engage in skillful negotiation with your insurance company to maximize your settlement.
• Litigation: If necessary, we're prepared to take your case to court to ensure a fair resolution.
• Timely Action: We’ll guarantee that all deadlines and requirements are met for a smooth claims process.
• Legal Acumen: We’ll apply our unmatched legal knowledge to protect your rights and improve your chances of success.
• Personalized Guidance: We’ll tailor our approach to your unique situation for the best possible outcome.
• Reliable Advocacy and Support: We’ll handle the claims process while you focus on recovering from the disaster.

Our goal is to ensure that you receive the compensation you rightfully have coming to you and hold miserly insurance companies accountable for unfair or unethical practices.