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You’ve worked your entire life to enjoy your home. So, when a fire, storm, or burglary strikes, you may be left with expensive repairs or unable to replace your damaged belongings. Property damage insurance is meant to protect you in situations like these, but insurance companies may act in bad faith to undervalue your claim or avoid paying altogether.

If you’re struggling to deal with your insurance company on your own, working with a property insurance claim lawyer, like those at Brasher Law, can give you a better chance of securing a fair settlement.

What Is Considered Property Damage?

“Property damage” refers to any kind of harm, destruction, or loss of value affecting your home or personal property. Property insurance can help cover the cost of repairs or replacing damaged items with ones of comparable value.

There are three main types of property recognized by law:

  • Real property: Real estate assets such as land, your home, and investment properties. This can also include secondary structures like a garage or shed.
  • Personal property: Movable items such as clothing, furniture, and other belongings.
  • Pets: While they are members of your family, the insurance industry classifies pets as property when filing claims.

Examples of Property Damage

Property insurance covers damage when your property is impacted by a “covered peril.” For example, if a storm shatters a window and damages your roof, your insurance should help pay to replace the window and repair the roof.

Common causes of property damage covered by insurance companies include:

  • Water damage and mold
  • Fire and smoke
  • Freezing weather
  • Theft and vandalism
  • Storms and hurricanes

Causes such as aging, wear and tear, or flooding are typically excluded. However, you can protect yourself from floods with a separate policy through the National Flood Insurance Program (NFIP) or a private flood insurance provider.

How to File a Property Damage Claim

A successful insurance claim doesn’t start when you contact your insurance agent—it begins immediately after the damage occurs. What you do in the moments following a storm, fire, pipe burst, or other disaster can impact your ability to receive compensation. It’s important to gather evidence and take steps to prevent further damage.

While the situation may feel overwhelming, try to stay calm and follow these steps. You can also refer to our property damage checklist.

  • Get to safety: If the area is still dangerous, move your family to a safe location and seek medical attention if needed.
  • Document the damage: Take photos and videos of all damage. The more detailed your documentation, the better. If possible, include before-and-after photos.
  • Obtain official reports: Collect reports from the fire department, police, or other emergency responders.
  • Secure your property: Tarp roofs, board up windows, or take other steps to prevent additional damage. Hire professionals if needed and document all expenses. Shut off utilities if necessary.
  • File your claim: Contact your insurance company as soon as possible to begin the claims process. In some cases, consulting a lawyer early can be beneficial.
  • Track living expenses: Keep records of additional costs such as hotels, food, gas, or pet boarding.
  • Monitor your property: If the property is uninhabitable, check on it regularly to prevent further damage or theft. Consider storing valuables elsewhere.

Understanding Property Damage Limits in Insurance Policies

Every insurance policy includes limits on how much it will pay for a covered claim. These limits vary depending on your policy and insurer, so it’s important to review your coverage carefully.

For example, the Insurance Information Institute recommends selecting dwelling coverage that reflects the full cost to rebuild your home, including inflation. Personal property coverage is often based on a percentage of your dwelling coverage, commonly up to 50%.

Before filing a claim, review your policy to understand your limits and coverage. If anything is unclear, an insurance lawyer can help interpret the details.

What Happens When an Insurance Claim Is Disputed?

Even if you pay your premiums on time and follow the correct steps, your insurance company may still respond with delays, undervalued settlements, or an outright denial.

While insurers may want you to feel like this is the end of the process, you don’t have to accept it. You can challenge bad faith tactics by filing an internal appeal, contacting your state’s insurance board, working with a public adjuster, or consulting a property insurance attorney.

What Are the Odds of Winning an Insurance Appeal?

The outcome depends on your specific claim. Insurance companies aim to minimize payouts, so being prepared and thorough is essential.

To improve your chances of success:

  • Provide more evidence: Strengthen your case with additional documentation.
  • Obtain accurate estimates: Work with reputable contractors to get detailed repair quotes.
  • Define the scope of work: Clearly outline all necessary repairs.
  • Be prepared to negotiate: Don’t accept the first offer. Be willing to negotiate until you reach a fair settlement.
  • Seek legal representation: If the process becomes overwhelming, an experienced attorney can help protect your interests.

How a Texas Property Insurance Lawyer Can Help

Dealing with a large insurance company alone can feel overwhelming. The legal team at Brasher Law is here to advocate for your rights and help you move forward.

We will review your case in detail, explain your policy, and guide you toward the best strategy for securing your settlement.

We specialize in handling bad faith insurance practices and will not let insurers intimidate you.

From filing appeals to negotiating settlements or pursuing litigation, we handle the entire process so you can focus on restoring your home and your life.

You won’t pay anything unless we recover compensation for you, and your consultation is 100% free. Reach out today to discuss your claim.

 

Brasher Law Firm is licensed in TX, LA, CO, UT, OK, and NV