Storm attorney explains do’s and don’ts of dealing with insurance after natural disasters

HOUSTON – Rebuilding or getting back into your home and business after a natural disaster or flood event can be stressful and time consuming.

It’s also something many folks in our area are currently dealing with and insurance companies and adjusters don’t always make the process easier

It’s for that reason that KPRC 2′s Bill Barajas spoke with Rene Sigman, a storm attorney to learn more about the do’s and don’ts associated with the process.

Bill Barajas: “What is the first thing somebody looking to file a claim should do?”

Rene Sigman: “The first thing is to make sure you call in your claim to your insurance carrier and/or insurance agent as well as follow it up with an email confirming your filing of the claim. That way there is written notice of the loss to the carrier. Make sure to let them know of any exterior and interior damage from the storm as well as any personal property loss or damaged. You will then need to take photos and video of any damage you have to your property. If you have a flood claim, make sure you do NOT throw away any items damaged. You will need to keep all personal property that was damaged by flood in an area so that the adjuster can look at them when they inspect. If you need to put them outside or in the garage, you can. If you have to take out the carpet, make sure to keep a sample of the carpet. You can cut a piece of carpet for a sample so the flood adjuster knows what type of carpet you had and damage. You can never have too many photos. Take a bunch. Also, make sure you have a copy of your insurance policy and read it carefully.”

Bill Barajas: “Is filing an insurance claim the same for a business and homeowner or is there a different process?”

Rene Sigman: “There are similarities between them in that you will still give notice of your loss to your insurance company and/or agent as well as document your loss with photos and video, if possible. You will want to let your carrier know of all damages both to the business property and personal business property, just like a residential claim. Main difference can be a loss of business income or profits for the time the business is down. You will need to read your policy to see if you have Business Interruption Coverage or Loss of Rents or Profits. If you do have coverage, make sure to document your financial losses due to the storm or flood. Additionally, commercial policies have different provisions and coverages in them, so be sure to read the entire policy. You may have a policy that requires Arbitration or Appraisal and in that case, contact an attorney.”

Bill Barajas: “Give us your best pro tip when filing a claim as homeowner or business owner.”

Rene Sigman: “Do not delay in filing your claim. There are time lines and deadlines in filing flood claims and regular storm claims. With a flood claim you MUST submit a SIGNED Proof of Loss within 60 days of the flood event. This Signed Proof of Loss must have documentation attached and every section filled out. Make sure to be accurate. You do not want your Proof of Loss rejected for a mistake or not being filled out correctly. If you have a question, call an attorney that specializes in flood insurance claims. As for filing of a non-flood insurance claim, a pro-tip is to read your policy and renewal every year. Make sure you read all addendums and attachments referenced in the declarations page. You may find that your coverage changes yearly and you make end up with less coverage without even knowing. When filing a claim, make sure you stay on top of the insurance company communications and make sure to keep notes or a diary on the process so you can reference it later, if you find your claim dragging out.”

Bill Barajas: “What can you do if you are having issues with the insurance company paying for damage or coming out to evaluate the problem?”

Rene Sigman: “Be a squeaky wheel. Be persistent. Email your adjuster and call them until you are able to get ahold of someone for the carrier. If you are not successful in getting your claim resolved, contact your insurance agent if you have one and insist that they help you. If you still are having issues getting your carrier or adjuster to properly evaluate and pay your claim, then you can hire a public insurance adjuster to help you or an attorney.”

Bill Barajas: “Would you recommend taking matters into your own hands if the insurance company is dragging it’s feet or should you wait?”

Rene Sigman: “You should mitigate your damages by doing temporary repairs to your home or business, if you are able to financially BUT do continue to communicate with your adjuster and insurance company all the things you are doing while they drag their feet. It is important to give them notice of any permanent repairs you are taking and an opportunity to inspect, if they haven’t already done so.”

Bill Barajas: “How long does filing a claim usually take?”

Rene Sigman: “Filing an insurance claim doesn’t take long at all; however, the claim adjustment by the carrier could take time. Despite the number of claims an insurance carrier may have from a storm, the carrier is required to comply with the Texas Law regarding the timeliness of handling and paying a claim. They need to conclude and pay the claim within 60 days of notice in most situations. If your claim has been dragging out longer than this, contact an attorney who handles property damage insurance claims to find out your rights.”

Bill Barajas: “What is the biggest mistake folks make when filing a claim?”

Rene Sigman: “Trusting their insurance company. Not all insurance companies are bad but you will need to document your damages and loss as well. You will need to communicate with the carrier and document your communication in email or writing, even if you discussed the claim on the phone. Lastly, if you are unhappy with the payment of your claim or if your carrier denied your claim, and you believe that their decision was wrong, make sure to let them know. Don’t give up, if you give up, you may find yourself without coverage in the future on the next storm. Insurance companies will often times blame damage on prior storms, especially if a homeowner or business owner didn’t complain about the prior claim decision or gave up.”


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Reporter, proud Houstonian, U of H alumni, and lover of all the hometown sport teams.

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