What to do if you expect bad faith in an rain or wind damage claim
When you have damage to your property, it is natural to reach out to your property insurance company to learn more about your rights as a policy holder. Unfortunately, hailstorms across the state of Texas have led to bad behavior on the part of insurance companies. This can often be classified as a legal case known as bad faith insurance claims. If the insurance company tries to say that your claim was not covered or that it was wind-driven rain rather than hail in an attempt to minimize or deny your claim, you may be able to hold them responsible with a bad faith claim.
Some insurance adjusters, for example, may try to take advantage of a policy holder who does not understand the full scope of his or her rights. In these situations, it can be challenging to find subtle indicators of water leaks or hail damage on a roof without climbing up there and looking at them. If an insurance adjuster does not take the additional steps to fully investigate this, you may be entitled to recover compensation for a bad faith insurance claim.
In some situations, your attorney for a bad faith insurance claim may identify that the insurance adjuster did not take pictures where the damage occurred or may choose to take pictures where no damage has occurred. When these adjusters are brought in as expert witnesses in the trial to testify on behalf of the insurance company, you may have your claim denied or completely minimized.
Consulting with an experienced bad faith insurance attorney is strongly recommended if the insurance company is trying to allege that your damage was minimal or did not occur at all. This can be a frustrating situation as you may have immediately suffered the consequences of such a weather-related event.
Without consulting with an attorney, however, you may not understand your rights. The insurance company is responsible for keeping you informed over the course of your case and for conducting a thorough and reasonable investigation. In the event that they deny your claim, they should also provide you details about why they chose to deny your claim.
If they evade this process, or refuse to keep you informed as your case unfolds, this could form the basis of a bad faith insurance claim associated with hail damage versus wind driven rain. Having somebody investigate the circumstances of your property sooner rather than later can help to minimize this concern and you should also take pictures and videos on your own in order to support your claim. Do not count on the insurance company in and of itself to completely represent you and fight for the best interest for you.
The insurance company has more experience handling claims like this than you do and they often count on your lack of knowledge about your rights when acting in bad faith. Protect yourself with an attorney who cares.