Abogado de lesiones personales en Austin
Si necesita ayuda para soportar la tormenta de invierno en Texas, hay recursos disponibles.
Si su seguro no cubre todos sus daños, puede ser elegible para recibir asistencia federal de FEMA. En línea en www.disasterassistance.gov. O por teléfono, de 8 am a 10 pm (CDT: 800-621-3362) (TTY: 800-462-7585)
Para solicitar asistencia federal, deberá tener:
- Prueba de identificación
- Documentos que demuestren que usted era el ocupante o propietario de la propiedad dañada.
- Una lista de toda su propiedad que resultó dañada
- Fotos de su casa dañada u otras pertenencias
- Una carta de determinación de seguro. Fema no pagará los daños cubiertos por su seguro. Por lo tanto, debe poder demostrar que su seguro no lo cubrirá.
Daños a la propiedad y lesiones en Texas por la tormenta invernal de 2021
La tormenta de invierno que azotó Texas en febrero de 2021 causó daños generalizados y afectó a millones de tejanos.
Record-low temperatures and a steady blizzard of snow and freezing rain bore down on the Lonestar state, obstructing roads and transportation, and resulting in extended power blackouts.
More than 4 million homes in the Lonestar state lost water or power as a result of the 2021 Texas winter storm. Many were forced to evacuate, and at least 22 people have died.
The 2021 Texas winter storm is expected to be one of the most costly events in the state’s history, even eclipsing the devastating Hurricane Harvey.
Many insurance claims are predicted to arise from this event.
In such circumstances, insurance companies may take longer to review or issue a decision on a claim. Some can even rightly be accused of dragging their feet.
Even worse, insurance companies may deny claims that should be approved under the insurance policy terms.
If you are waiting to make a claim, your claim is delayed, or you have received a denial of your claim, speak to an Austin property insurance attorney at Justinian and Associates to discuss your options.
There are no obligations and no fees unless you collect a larger settlement.
Guerreros para los heridos
Justinian & Associates has extensive experience with property damage claims.
Battling bullies and uncooperative insurance companies is our forte. Asegurar millones de dólares para nuestros clientes y asegurarnos de que se haga justicia es nuestra base.
We offer an entirely free no-obligation consultation with a seasoned personal injury attorney.
We’ll listen to the details of your property damage case and explain your rights under Texas law.
And unless we get you compensation, you pay nothing.
Contact us for a free case evaluation. We’re here to listen 24/7.
There are recursos disponibles if you need help enduring the winter storm in Texas.
Making an Insurance Claim for Winter Weather Damage in Texas
At such a challenging time, it can be difficult to even think about whether your property damage will be covered by insurance.
For those who have had a claim delayed or denied, the idea of having to pursue an insurance company dispute can seem overwhelming.
Every insurance policy is different, but many home and commercial property insurance policies do cover damages caused by winter weather like the winter storm that hit Texas.
Winter storm damage in Texas may be covered by an insurance policy.
Extreme winter weather can cause major property damage to homes and commercial property, as well as the personal property and business equipment contained inside:
- High winds upend trees and tear at building exteriors, causing damage to roofs, antennas, lights and other fixtures. Wind can even cause holes in a building, giving access to rain and snow and causing interior damage.
- Freezing temperatures can wreak havoc on plumbing systems, causing pipes to burst and significant water damage to buildings and the property inside them.
- Snow and frozen rain buildup can topple trees or drop heavy branches and chunks of ice onto the structures, vehicles and other personal property below.
- Roofs and entire structures can collapse under the weight of piled ice and snow. This damages not only the building themselves, but also property inside. Ongoing exposures to the winter storm can lead to water damage.
Insurance disputes relating to the 2021 Texas winter storm
Many residential and commercial property owners in Texas have paid for insurance policies to protect against damages caused by occurrences like the winter storm.
These events are exactly why people purchase insurance.
But insurance companies may use a variety of ways to reduce or deny coverage. These may include:
Treating each damage incident as a separate occurrence with a separate deductible.
An insurance company might make this claim if the various damages to the house occurred at different times during the winter storm.
Treating water damage as a result of a frozen water pipe that burst as not covered under a “flood” exclusion.
Many insurance policies contain exclusions, which are are types of damage that will not be covered. Some homeowner insurance policies in Texas exclude flood coverage (separate flood insurance is available).
Insurance companies have claimed that flooding, even caused by a burst water pipe, fell under an insurance policy exclusion.
Insurance policies often have specific rules that a policyholder must notify the insurance company of damage, or make a claim by a certain deadline. In some cases an insurer will deny coverage if those rules were not followed.
Según La ley de Texas, you generally have two years from the date your claim is denied.
The truth is, some insurance companies rely on the fact that many customers will just accept a denial or an inadequate offer. They are businesses, and smaller settlements means bigger profits.
But you do not have to accept a denial. You usually have options.
And if they have delayed or lowballed you on a settlement, a company may change their tune when you are represented by a seasoned Austin property damage attorney.
A property damage lawyer knows the law and the legal loopholes that insurance companies try to use to deny coverage. Your lawyer also takes a lot off your plate.
And with all the insurance claims that will likely be filed because of the 2021 Texas Winter storm, people trying to recover damages under their policy may have a lot on their plate.
You will need to ask for all the coverage you want, and that includes knowing everything that’s available. It also includes gathering evidence and presenting your claim in the best way possible.
Every insurance policy in Texas is different, and whether property damage is covered by the plan can depend on the terms of the policy, and the circumstances of the damage.
But there are some general principles and possibilities worth knowing about if your property has been damaged during the 2021 Texas winter storm, especially before you file a claim.
FACT SHEET FOR PROPERTY DAMAGE FROM THE 2021 TEXAS WINTER STORM
All your claims will need to be
Take photos from various angles:
- CLOSE-UPS that show damage.
- WIDER SHOTS that show how the
take a photo of
your proof of
premiums are all
Write down what happened, including dates and times,
to refresh your memory and get it on record.
- Include a list of all property that was damaged, when it was
acquired and what it was worth.
Some home insurance policies will cover the costs of
having to evacuate the home because of collapse or
- It depends on the specifics of the insurance policy, but this can
include hotel and transportation fees, as well as up to $500 for
spoiled food. (Take photos of the spoiled food and make a list of
all the items.)
- Note: Most insurance plans will probably not cover
evacuations caused by power outages.
Many insurance plans will help
provide you with a hotel or shelter
while your property is being
repaired. However, there are
limitations on most coverage.
- You should speak with your insurance
agent, and you may want to have a
property damage attorney in Texas
examine your policy and damage.
You are generally permitted to make temporary repairs
to your damaged property, especially repairs needed to
prevent further damage.
This may include:
- Shutting off your water,
- Covering holes in the roof and other areas to prevent additional
damage (water / snow / wind).
Your policy may pay for the
materials and labor needed to
make these temporary repairs,
but be certain to document:
- Why they were necessary,
- The process you took to repair them,
- Any receipts or invoices you pay
by a frozen water
pipe that burst will
be covered by a
policy, but there
Many policies will pay
for damage caused by
snow, sleet and ice
buildup. But some plans
limit coverage to damage
on the actual house.
Under some policies,
damage to a fence, deck,
toolshed, etc. may not be
Not all policies will pay for
damage in connection with a tree,
even if the winter storm caused
the tree to fall on a house.
Many policies will pay for tree or
branch removal from your house or
driveway, but not from your yard.
The 2021 Winter Storm will probably be categorized as
a force majeure event, also known as an Act of Nature.
- That means if your neighbor’s tree fell on your property, unless
your neighbor did something wrong to cause the tree to fall,
your neighbor (and your neighbor’s insurance policy) probably
will not have to pay. You would have to file a claim with your
own insurance company.
If the 2021 Texas winter storm caused a tree or branch
to fall on your vehicle, a comprehensive auto insurance
policy may cover the damages.
- Comprehensive coverage pays for damages to your vehicle
that are unrelated to driving collisions. This includes incidents
like fire, theft or storm damage.
- Note: Texas law does not require comprehensive coverage,
and it costs additional fees. If you do not know whether you
have it on your vehicle, ask your insurance provider.
Hablar con un abogado de lesiones personales en Austin en Justinian & Associates no cuesta nada
Our dedicated roster of Austin personal injury lawyers are no strangers to battling insurance companies. And we offer an absolutely consulta totalmente gratuita para escuchar los detalles específicos de su caso y hacerle saber sus opciones.
No paga a menos que ganemos su caso
No aceptamos la derrota. Eso significa que a menos que le consigamos dinero por sus lesiones, no nos paga ni un centavo.
Trabajamos sobre la base de una tarifa de contingencia, nuestro pago depende de si recuperamos dinero para usted o no. Entonces, si trabajamos en su caso y fallamos, no debe ni un centavo. We can talk by phone, video conference, or whatever you’re comfortable with. Just get in touch.
Sus derechos pueden perderse si espera
Statutes of limitation are laws that limit how much time you have to file a lawsuit after being injured.
Texas statutes of limitation may apply to your property damage insurance claim if it has been denied. Don’t let your rights expire.
Todo lo que hacemos es luchar por las víctimas heridas
Nuestro único objetivo es la justicia para nuestros clientes, sea lo que sea que eso signifique para ellos.
Entendemos que el bienestar y el sustento de usted y sus seres queridos pueden estar en juego.
Llámenos, envíenos un mensaje de texto o envíenos un correo electrónico para una consulta gratuita, sin compromiso. Hable con un abogado de Austin de lesiones personales de Justinian & Associates (no un “evaluador” o asistente legal) para comprender sus derechos.