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The Claim Attorney
The Claim Attorney
Law Office of Michael P. Bowman
Hail & Wind Damage Claims

Austin Hail & Wind Damage Insurance Claim Lawyer

Central Texas hail and windstorms damage roofs, siding, windows, gutters and HVAC units. When the insurer's estimate doesn't match the damage, or the claim is denied, we help homeowners and businesses review the policy, the inspection and the next steps.

Hail and wind damage we see on claims

Roof

Fractured or bruised shingles, granule loss, punctures, lifted or creased tabs, damaged flashing and vents.

Metal & exterior

Dented gutters, downspouts, metal roofing, siding, garage doors, window screens and wraps.

Openings & interior

Broken windows and skylights, and the water that follows into ceilings, walls and insulation.

Equipment & structures

HVAC condenser fins, solar panels, fences, sheds and outbuildings.

Why hail and wind claims get disputed

  • Cause disputes. The insurer attributes damage to wear and tear, age, foot traffic or installation, not the storm.
  • Cosmetic damage exclusions. Some Texas policies exclude dents that affect appearance only, especially on metal. Policy wording matters. Read about marring exclusions.
  • Scope and pricing. Repair-versus-replace decisions, matching, code upgrades, waste, steep and high charges, and overhead and profit left out of the estimate.
  • Date of loss. Arguments that the damage came from an earlier storm or a different policy period.
  • ACV and depreciation. Roof ACV endorsements and replacement cost holdback. How holdback works.
Weather claims and Chapter 542A. Claims for damage caused wholly or partly by forces of nature, including hail, wind, tornadoes, hurricanes and rainstorms, generally fall under Tex. Ins. Code ch. 542A (§ 542A.001(2)). Before filing suit, a claimant generally must give written notice at least 61 days in advance (§ 542A.003). Learn about the 542A notice.

How our background helps on storm claims

Before practicing law, Michael P. Bowman worked as a police investigator, contractor and public adjuster. On a hail or wind claim, that means we look closely at how the inspection was done, what the photos actually show and whether the estimate covers the repair the building needs.

What to gather after a storm

  • The full, certified copy of your policy and declarations page, including endorsements.
  • The date and time of the storm, and any weather or hail reports for your address.
  • Dated photos and video of the roof, exterior and any interior damage.
  • Every letter, estimate, engineer report and email from the insurer.
  • Receipts for tarps, temporary repairs and other mitigation.

See the documentation checklist and the Texas claim timeline.

Texas law on claim handling

The Texas Prompt Payment of Claims Act (Tex. Ins. Code ch. 542, subch. B) sets claim-handling deadlines. After the insurer receives notice of a claim, it generally must acknowledge it, start investigating and request what it needs within 15 days (§ 542.055). It must accept or reject the claim in writing within 15 business days after receiving the items it requires (§ 542.056), and pay within 5 business days after notifying you it will pay (§ 542.057). Surplus lines insurers and declared weather catastrophes have different periods (§§ 542.055, 542.057, 542.059). If an insurer that is liable for the claim does not comply, it may owe statutory interest and attorney's fees (§ 542.060).

Chapter 541 prohibits unfair settlement practices, including misrepresenting policy provisions and failing to attempt in good faith a prompt, fair and equitable settlement once liability has become reasonably clear (§ 541.060). See our bad faith page.

Statute references are to the Texas Insurance Code and are summarized for general information. The full text controls. Laws change; check the current version.

Talk with an Austin insurance claim attorney.

No attorney's fee unless there is a recovery. We advance case expenses, which are repaid from any recovery after our fee is calculated. If there is no recovery, we generally do not seek repayment of expenses, except in limited situations set out in our written fee agreement (for example, if a client ends the representation without good cause).

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Questions

Frequently Asked Questions

Is hail damage to my roof covered in Texas?

Most Texas homeowner and commercial property policies cover sudden hail and wind damage, but coverage depends on your policy's wording, endorsements and exclusions, such as cosmetic damage or roof ACV endorsements. We review the policy itself.

The insurer says the hail damage is cosmetic. What does that mean?

Some policies exclude damage that changes only the appearance of a surface, often metal roofing, gutters or siding, without affecting its function. Whether an exclusion applies depends on the exact policy language and the condition of the property.

Does Chapter 542A apply to hail and wind claims?

Generally yes. Chapter 542A applies to first-party property claims for damage caused wholly or partly by forces of nature, including hail and wind (Tex. Ins. Code § 542A.001(2)), with some exceptions, such as claims against the Texas Windstorm Insurance Association (§ 542A.002(b)).

Should I get my own inspection?

An independent inspection by a qualified roofer, adjuster or engineer can help document damage the insurer's inspection did not address. Ask us before hiring anyone, so their work fits your claim.

How do you charge for hail and wind claims?

We handle property insurance claim cases on a contingency fee basis: no attorney's fee unless there is a recovery. We advance reasonable case expenses, such as filing, expert, appraisal and umpire fees. Expenses are repaid from any recovery and are deducted after the attorney's fee is calculated. If there is no recovery, we generally do not seek repayment of expenses from a client who cooperates and sees the matter through in good faith; a client may be responsible for advanced expenses in limited situations, such as ending the representation without good cause. All terms are in a written fee agreement.

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