Hail damage and insurance in Texas

Which policy pays for hail

For your house, hail is generally covered by your homeowners policy, often with a separate wind and hail deductible. The Texas Department of Insurance (TDI) notes that home policies on the Gulf Coast typically exclude wind and hail; there, a TWIA policy or a private wind policy is what pays.

For your car, TDI says hail damage is paid by comprehensive coverage. Liability-only auto policies, including the Texas 30/60/25 minimum, don't pay for damage to your own car.

• House, garage, fence: homeowners policy (or TWIA on the coast).
• Car: comprehensive coverage on your auto policy.
• Belongings inside a rental: renters policy, subject to its perils list.

The first 48 hours after a hailstorm

TDI's advice is to file as soon as you can. Before you do anything else, document the damage: photos and video of the roof, siding, windows, screens, gutters, AC unit and vehicles, plus a written list of damage inside and outside.

You're expected to prevent further damage, so cover broken windows and holes and remove standing water. Your policy may pay for those temporary repairs, so keep every receipt. Don't throw damaged items away, and don't make permanent repairs, until the insurer has seen the damage.

• Call your agent or company and get a claim number.
• Keep a log of everyone you speak with and what they said.
• Be there for the adjuster's inspection so they see everything.
• If you can't stay in the house, ask about additional living expenses and save receipts.

How long the insurer has to respond

Texas Insurance Code Chapter 542 sets the clock for most insurers. Within 15 days of getting notice of your claim, the company must acknowledge it, start investigating and ask for what it needs. Once it has everything, it has 15 business days to accept or reject the claim in writing, and it can take up to 45 more days if it tells you why it needs the time. After it agrees to pay, payment is due within five business days.

After a weather-related catastrophe or major natural disaster as defined by the commissioner, those deadlines are extended by 15 days. A big hail event can trigger that extension, so ask your adjuster which timeline applies to you.

Contractors and your deductible: what Texas law says

It is illegal in Texas for a contractor or roofer to waive, absorb, rebate or otherwise help you avoid your insurance deductible without the insurer's consent. Under Business and Commerce Code Section 27.02 it's a Class B misdemeanor, and any contract of $1,000 or more expected to be paid from a property claim must include a bold notice saying so.

TDI warns that a contractor offering to cover your deductible may be inflating the bill sent to your insurer, which is fraud, or cutting corners on materials. Your insurer can ask for proof that you paid the deductible, such as a canceled check or card statement, before paying the full claim.

Public adjusters and storm chasers

A public adjuster works for you, not the insurer, and must hold a TDI license. Texas Insurance Code Chapter 4102 caps a public adjuster's total commission at 10% of the settlement, requires a written contract you can cancel within 72 hours of signing, and bars public adjusters from soliciting during a loss-producing natural disaster or outside 9 a.m. to 9 p.m. (noon to 9 p.m. on Sundays).

Since 2013 Texas law has also barred a contractor from acting as a public adjuster, or advertising to adjust claims, on a property it is fixing or may fix. A roofer who offers to "handle the insurance company for you" is a red flag.

• Get more than one written bid, and be wary of one far below the rest.
• Verify a local address and phone number, and check references.
• Don't pay in full up front or sign a contract with blank spaces.
• Report a deductible-waiver offer to the Texas Attorney General's consumer protection hotline.

How the money usually arrives

If your policy pays replacement cost, TDI says most companies pay in two checks: one for the repair estimate minus depreciation and your deductible, then the withheld depreciation after the work is done. If you have a mortgage, the check is usually made out to you and your lender, and the lender releases funds as repairs progress.

If your roof is covered at actual cash value instead, you only get the depreciated value. That's why it's worth checking your roof coverage before hail season, not after. See our guide to Texas roof coverage for how to read it.

What to check before the next hail season

A few minutes with your declarations page now can save a surprise later.

• Is your wind and hail deductible a percentage? Work out the dollar amount.
• Is your roof covered at replacement cost or actual cash value?
• Does your car policy include comprehensive, and what's its deductible?
• Do you have photos of your roof and home's condition before any storm?
• Do you know your insurer's claim number and your agent's contact info?