The official classification of a tropical storm or a hurricane can be a factor in insurance damage claims and legal cases in Texas. Reviewing your policy and contacting a qualified attorney when problems arise with your claim is prudent so your rights are protected and you’re fully compensated for damages. 

What’s the Difference Between a Tropical Storm and a Hurricane?

A tropical storm has sustained winds between 39-73 mph, while a hurricane has winds of 74 mph or higher. Both form over warm ocean waters, but hurricanes are stronger, with more severe wind and rain impact. Hurricanes are categorized by intensity; tropical storms are usually less intense but still dangerous and can still cause severe damage. A superstorm is an unofficial term used to describe a massive, powerful storm that doesn’t fit into standard categories, because it combines features of multiple weather systems.

 

Legal and Insurance Definitions of Tropical Storms and Hurricanes

In legal and insurance terms, a tropical storm is defined as a weather event with sustained wind speeds between 39-73 mph, triggering coverage in insurance policies for wind and water damage. A hurricane is a more severe storm with sustained winds of 74 mph or more. Insurance policies may include separate hurricane deductibles, typically higher than for other damages, and may cover wind, and rain, during hurricanes.  These policies don’t typically cover flood damage so you’ll need a separate policy for it in Texas. Texas has regulations to distinguish between hurricanes and tropical storms impacting coverage.

How Classification Affects Insurance Claims

The classification of a storm as a tropical storm or hurricane significantly affects insurance claims in Texas:

• Hurricane Classification: When a storm is officially declared a hurricane, higher deductibles specific to hurricane coverage often apply,  ranging from 1% to 5% of the insured value of the property. Hurricane claims cover wind-related damage, like roof damage or broken windows, excluding flood damage unless you have separate flood insurance.

• Tropical Storm Classification: Tropical storms trigger standard wind and rain damage coverage under a homeowner’s policy, with regular deductibles (usually lower than hurricane deductibles). Like hurricanes, tropical storms don’t cover flood damage, requiring separate flood insurance.

 

Official classification and timing of the storm (such as the National Weather Service declaration) determine which deductibles and coverages apply.

 

How Do Tropical Storms and Hurricanes Impact Property in Texas?

Tropical storms and hurricanes bring high winds, heavy rain, and storm surges causing significant property damage in Texas. Wind damage, flooding, and debris impact homes, businesses, and infrastructure, leading to costly repairs and insurance claims. The severity depends on the storm’s strength and path.

• Common Property Damage from Tropical Storms in Texas

Tropical storms in Texas cause wind damage to roofs, siding, and windows, as well as flooding in low-lying areas. Heavy rain can lead to water intrusion, affecting walls and floors. Debris from trees and objects blown by the wind can also damage structures and vehicles.

• Severe Property Damage from Hurricanes in Texas

Hurricanes in Texas bring catastrophic property damage, including roof and structural failure due to high winds, storm surges flooding entire communities, and widespread destruction of buildings and infrastructure. Floodwaters from storm surges cause extensive damage to foundations, electrical systems, and personal property, resulting in long-term rebuilding efforts and losses.

 

What Should You Do After a Tropical Storm or Hurricane in Texas?

After a storm, prioritize your safety by assessing damage once it’s safe. Document property damage with photos and videos, and contact your insurance provider to start the claims process. Make temporary repairs to prevent further damage but avoid permanent fixes until an adjuster inspects your property.

• Immediate Legal Steps to Take After a Tropical Storm

Notify your insurance company about damage from a tropical storm and review your policy for coverage details. Document all communication and damage. If your landlord or neighbor caused the damage, consult a lawyer about your legal rights. Keep records of all repairs and expenses to support any potential legal actions.

• Legal Steps to Take After a Hurricane

After a hurricane, review your insurance policy for coverage limits and deductibles. Consult with an attorney if there are disputes with your insurer or if the damage was caused by someone’s negligence. Keep detailed records of repairs and communications for potential legal or insurance claims.

• How to File an Insurance Claim for Storm Damage in Texas

To file an insurance claim, document all hurricane damage in Texas with photos and videos. Contact your insurer as soon as possible to report the damage. Submit a detailed list of damaged property, keep receipts for temporary repairs, and follow up with your adjuster for the assessment and claim processing.

 

How to Prepare for Future Tropical Storms and Hurricanes

To prepare for future tropical storms and hurricanes, secure your property by reinforcing windows, doors, and roofs. Create an emergency kit with essentials like water, food, and medical supplies. Have a family evacuation plan, purchase flood insurance, and stay updated on local warnings and evacuation orders during storm season.

Legal Preparation for Tropical Storms in Texas

Review your insurance policy to ensure coverage for wind and rain damage due to tropical storms,  and consider adding flood insurance. Document the current state of your property with photos and videos. Familiarize yourself with local storm preparedness laws, and keep important legal and insurance documents in a safe, easily accessible place.

Legal Preparation for Hurricanes in Texas

Ensure your property is covered for damage caused by hurricanes including flood insurance, because standard policies may not cover all damages. Understand local building codes and evacuation mandates. Store important legal documents, including property deeds and insurance policies, in a secure location. Consider consulting an attorney to review your legal preparedness.

Can a Tropical Storm Become a Hurricane, and What Does That Mean Legally?

A tropical storm can become a hurricane if its sustained winds reach 74 mph or higher. Legally in Texas, this distinction can affect your insurance coverage and deductible. Many policies have separate, higher deductibles for hurricane damage, and the classification of a storm impacts claims processing and payout amounts.

What Should I Do If My Hurricane Damage Claim Is Denied?

If your hurricane damage claim is denied, review the denial letter to why. Gather additional evidence like photos, repair estimates, and receipts, to support your claim. Request a Texas storm damage claims reconsideration from your insurer, or consult us at Grisham & Kendall for assistance in appealing the denial.

Which Areas in Texas Are Most Vulnerable to Hurricanes and Tropical Storms?

The areas in Texas most vulnerable to hurricanes and tropical storms are the coastal regions, including Galveston, Corpus Christi, and the Rio Grande Valley. Storm damage in Houston has previously caused widespread flooding and is a highly vulnerable area. The Gulf Coast is particularly at risk due to its proximity to warm waters that fuel storms. Inland areas near major rivers can also experience flooding from storm surges.

 

To ensure you receive the maximum compensation and fair resolution for your tropical storm or hurricane damage claim in Texas, contact us at Grisham & Kendall and get a free consultation so we can examine your claim and get you the justice you deserve.