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Texas Department of Insurance
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What if my insurance isn't paying enough?

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If you believe your insurance company didn’t pay enough to cover your damages or unfairly denied your claim, you have options. Click on the type of policy to learn more. You can also call our Help Line at 800-252-3439, 8 a.m. to 5 p.m. Monday to Friday.

If you disagree with the adjuster's final estimate, tell the company why. The company may have overlooked something and may make adjustments. Make sure to send any supporting documentation, such as a contractor’s estimate for the repairs. If you still disagree, you have several options to challenge your insurer’s decision.

Request appraisal

Your policy may include an appraisal process to resolve complaints. The appraisal process begins with you and the company each hiring an appraiser. The two appraisers then choose a third appraiser as the umpire. Your appraiser and the company's appraiser make their own estimates of your loss. If they are different, the umpire makes the final decision, which is binding on both you and the company. You are responsible for the expenses of the appraiser you hire and for half of the umpire's expenses. Check your policy for any deadlines to demand appraisal. If you need help finding an appraiser, search for a “property damage appraiser” or check with your contractor.

File a complaint

If you think an insurance company has treated you unfairly, you can file a complaint with us. Learn how to get help with a home insurance complaint.

More options

Some people hire a public insurance adjuster if they disagree with the number or type of damages listed by the insurance company’s adjuster. Public adjusters charge fees for their services. Before you hire a public adjuster, make sure you understand what you’ll have to pay. Learn more about public adjusters.

If you’re not satisfied with the outcome of your dispute, you have the right to sue the insurance company in a court of law. You can use these resources to find legal help. You can also ask for alternative dispute resolution, which uses mediation with a neutral third party to settle disputes outside court.

If you have a problem with your insurance company, first try to resolve it by talking to your adjuster or company. If you still aren’t satisfied, you have several options to challenge your insurer’s decision.

Request appraisal

Your policy may include an appraisal process to resolve complaints. Appraisal allows you and the company to hire separate damage appraisers. The two appraisers choose a third appraiser to act as an umpire. The appraisers review your claim, and the umpire rules on any disagreements. The appraisal decision is binding on the amount of the damage. If there is a dispute about what is covered, you can pursue a settlement of the coverage issue after the appraisal. You must pay for your appraiser and half of the umpire's costs.

File a complaint

If you think an insurance company has treated you unfairly, you can file a complaint with us. Learn how to get help with an auto insurance complaint.

For more information about auto claims, see My car was flooded.

You have one year from the date of loss to file a claim with the Texas Windstorm Insurance Association (TWIA). If TWIA says your loss is covered by your windstorm policy, you either get a check from TWIA or a notice that the loss is less than your deductible and there will be no payment.

If you disagree with the amount estimated for your loss, you can:

  • Ask TWIA to look at your claim again and request a supplemental payment.
  • Use the appraisal process.
  • Work with TWIA and request appraisal.

Deadlines: If you have replacement cost coverage and your policy started or renewed after January 1, 2020, you have 545 days (about 18 months) to complete repairs. If you tell TWIA you disagree with their estimate before the 545-day deadline, you protect your right to request a supplemental payment or use the appraisal process.

For claims based on an older policy, or if you don’t have replacement cost coverage, you have only 60 days to demand appraisal after getting TWIA’s estimate. Because it may take longer to figure out the overall cost of repairs, you may want to demand appraisal before the 60-day deadline. You can still work with TWIA to request a supplemental payment after you request appraisal.

Working with TWIA

If you think TWIA’s estimate of your damage is too low, you can ask TWIA to look at their estimate again and request a supplemental payment. To make the request:

  • Call TWIA at 800-788-8247. Have your policy number and claim number. It’s a good idea to also make your request in writing and keep a copy.
  • Ask TWIA for a copy of its estimate if you don’t have one.
  • Tell TWIA about damaged items missing from its estimate, where amounts are lower than your contractor’s estimate, newly discovered damage, and any other unmet needs.
  • Send copies of any contractor estimates and other items supporting your request to TWIA. Email claims@TWIA.org or use TWIA’s online portal at www.twia.org/claimscenter.

Use the appraisal process

Appraisal is a formal process to handle disputes over the amount of a covered loss. To use the appraisal process:

  • Fill out the form provided by TWIA, write a letter, or send an email to claims@TWIA.org with your claim number and state that you demand appraisal. Keep a copy of what you send.
  • Make notes of any conversations you have with TWIA about your claim or demand for appraisal.
  • You’ll split the cost of appraisal with TWIA. Check your policy for more details.

If TWIA denied your claim

If TWIA denied your claim, you may file a lawsuit. You must notify TWIA before filing the lawsuit. You have two years to provide notice and file the suit. TWIA may require you to go to mediation before you can file suit.

File a complaint with TDI

Learn how to get help with a TWIA complaint.

If you received a denial for all or part of your claim with the National Flood Insurance Program (NFIP) visit the Options if your flood claim has been denied section of the FloodSmart.gov website. The website includes information on how to appeal, request appraisal, and other options.

 

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Last updated: 5/24/2021