Before You File: Texas Property Insurance Claim Documentation Checklist

Texas Property Insurance Claim Documentation Checklist

Before I became a lawyer for policyholders, I worked the other side of the tape measure. I was formerly licensed in Florida as a contractor, a roofer, a home inspector, and a public and independent adjuster. That is how I learned the thing that decides most claims: not argument, but the record. Build the record first, then file. This checklist is what I would want in hand before you pick up the phone.

1. Lock Down the Date of Loss

• Write down the date the damage happened, and separately the date you discovered it if those differ.
• Save the weather record for that date — National Weather Service storm reports, hail maps, local news coverage.
• Pull anything showing the property before the loss — old phone photos, listing photos, a prior home inspection report, past roof or repair invoices.

2. Get the Whole Policy, Not Just the Declarations Page

• Ask your insurer in writing for a complete certified copy of the policy, including the declarations page and every endorsement.
• Find your deductible — flat dollar amount or a percentage of the dwelling limit — and whether the policy pays replacement cost or actual cash value, and on what.
• Look for endorsements that change the deal: cosmetic damage exclusions, roof payment schedules, water and mold sublimits, ordinance or law coverage, and loss of use or additional living expense.
• Read the policy’s own deadlines — prompt notice, proof of loss, and any clause limiting the time to file suit.

3. Photograph and Video Everything

• Shoot in layers: a wide shot showing where you are, a medium shot, then close-ups with a tape measure, ruler, or coin in frame for scale.
• Keep the originals with their date and time data intact. Do not crop, filter, or send them through text-message compression. Back them up in two places.
• Inside: every room — ceilings, walls, floors, trim, cabinets, contents. Open closets and cabinet doors. Outside: all four elevations, fences, gutters, screens, soft metals, windows, outbuildings.
• Systems: HVAC, condenser, water heater, electrical panel, and any equipment that got wet. Capture model and serial numbers.
• Do a slow video walkthrough and narrate what you see, room by room. Stay off the roof — hire someone insured to photograph it, or use a drone operator.
• Build a room-by-room contents list: item, age, brand and model, what you paid, and what it costs to replace today. Attach receipts, manuals, warranty cards, or card statements.

4. Mitigate — and Keep Every Receipt

• Take reasonable steps to stop further damage — tarp the roof, extract water, board up openings. Most policies require it. Photograph conditions before and after.
• Keep every invoice and contract for the emergency work, plus hotel, meal, and mileage receipts.
• Do not throw damaged material away until the insurer inspects. If you must, keep a labeled sample and photograph it in place.

5. Give Notice the Right Way

• Report the claim promptly, then confirm by email so the date is in writing. State the date of loss, the cause, the address, the policy number, and the areas affected.
• Ask in writing for the claim number, the adjuster’s name, and a written list of what the insurer wants from you.
• After every call, send a short email: “Confirming our call today, you said …”
• Keep one running log: date, time, who you spoke with, what was said, what was promised, and any deadline you were given. Save every letter, email, estimate, report, and photograph the insurer sends you.
• Ask in writing for the insurer’s own estimate and any engineer or consultant report on your claim.

6. Estimates and Repairs

• Get a written, line-item estimate with measurements from a licensed contractor, not a single-number bid.
• Check that it addresses tear-off, waste, disposal and dump fees, code-required upgrades, and general contractor overhead and profit where the job needs a general contractor.
• Be careful with contracts that assign your claim or your benefits, or that are “contingent on insurance approval.”
• If your policy pays replacement cost, keep final invoices and proof the work was finished — recoverable depreciation usually turns on it.

7. What Not to Do

• Do not guess on a recorded statement; you may reschedule it and correct the transcript afterward.
• Do not sign a release, a “full and final” settlement, or a non-waiver you do not understand.
• Do not discard evidence — the old roofing material, the flooring, the failed water line.
• Do not let an unlicensed person negotiate your claim; Texas licenses public adjusters (Ins. Code ch. 4102).
• Do not let a deadline pass while you wait for the insurer to respond.

Deadlines run whether or not the insurer is cooperating. Your policy sets its own notice and suit deadlines. In Texas the default period to sue on a policy is four years (Tex. Civ. Prac. & Rem. Code § 16.051), though a policy may shorten it to no less than two years (§ 16.070). Chapter 541, DTPA, and common-law bad faith claims are generally two-year claims. Most property-damage suits against an insurer require written notice at least 61 days before filing (Tex. Ins. Code § 542A.003), and TWIA claims must be filed within one year of the damage (§ 2210.573(a)).

Your initial case review is free. Call (850) 572-8784 or email info@claimattorney.com.

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This guide is general information for Texas and Alabama residents, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and policy terms vary, and results depend on the facts of each case. Michael P. Bowman is licensed to practice law in Texas and Alabama only. Responsible attorney: Michael P. Bowman, Law Office of Michael P. Bowman PLLC, Austin, Texas. Questions? Call (850) 572-8784 or visit www.claimattorney.com.