It’s important for Texas homeowners and business owners to be informed about flood insurance laws to protect their belongings and property if flooding damage occurs. If you have flood damage, you might need to take legal action to ensure your rights are protected and you get the compensation you deserve. 

What Is Considered Flood Damage in Texas?

Texas flood damage refers to physical destruction or loss caused by excess water accumulating from natural events. Its specifically defined in insurance terms as damage resulting from:

• Overflow of Inland or Tidal Waters: This includes water from rivers, lakes, or oceans that rises and inundates normally dry areas, either due to heavy rain, storm surge, or tides.
• Unusual and Rapid Accumulation or Runoff of Surface Water: When there’s an extreme amount of rain in a short time, causing water to collect and flow over streets, yards, or properties, resulting in damage.
• Mudflow: A river of liquid mud running down a hillside, triggered by heavy rain or sudden melting of snow or ice.
• Collapse or Compromise of Structures Due to Water: Damage that results from the collapse of land along the shore of a lake or similar body of water, due to erosion or rapid changes in water levels.

In Texas, flood damage isn’t covered by homeowner’s insurance policies. Instead, it’s covered under a separate flood insurance policy bought from a private insurance company. 

What Should I Do Immediately After Flood Damage Occurs?

After flood damage, take these steps:

• Ensure Safety: Evacuate if necessary and avoid re-entering until safe.
• Document Damage: Take photos, videos, and list damaged items with details.
• Contact Insurance: Notify your insurer and begin the claims process.
• Prevent Further Damage: Make temporary repairs to prevent more harm but hold off on permanent fixes.
• Save Receipts: Keep receipts for repairs and temporary living expenses.
• Work with Adjuster: Provide documentation when your insurer sends an adjuster to inspect the damage.
• Consider Professional Help: Hire reputable licensed contractors or adjusters if needed. Be cautious of fraudulent contractors offering quick fixes. 
• Stay Organized: Keep thorough records of all communications and documents.

Does Homeowners Insurance Cover Flood Damage?

Standard homeowners insurance policies in Texas don’t cover flood damage. Flooding is a separate type of disaster, and a specific flood insurance policy against it must be purchased from a private insurer. Flood insurance covers the physical damage to your home and its contents caused by flooding, including water that enters from overflowing rivers, heavy rain, storm surges, or rapidly rising water. Homeowners in flood-prone areas are required to have flood insurance, but it’s available even to those outside high-risk areas.

If you’re concerned about potential flooding, get a flood insurance policy in advance, because it typically has a 30-day waiting period before coverage begins.

Does Commercial Property Insurance Cover Flood Damage in Texas?

Commercial property insurance in Texas doesn’t cover flood damage. It excludes commercial flood damage from their list of covered events. To protect business property and infrastructure from damage due to floods, business owners need a separate flood insurance policy

Flood insurance for commercial properties covers the building itself and, depending on the policy, may also cover damaged contents like equipment, furniture, and inventory. Similar to residential flood insurance, there’s usually a 30-day waiting period for coverage to become effective, so businesses should plan ahead to ensure protection.

It’s also important for business owners to understand the specific risks in their location and consider flood coverage if they are in flood-prone areas.

What Are My Rights if My Apartment Floods in Texas?

If your apartment floods in Texas, here are your rights:

• Right to Habitable Space: Landlords must provide a livable apartment. Major flood damage in uninhabitable apartments should be addressed promptly.
• Notify Landlord: Inform your landlord immediately in writing about the flood and request repairs.
• Repairs: Landlords must fix health and safety issues, including flood damage. If repairs aren’t made, you may be able to terminate the lease or take other legal actions.
• Responsibility for Belongings: Landlords aren’t usually responsible for your personal items. Renters’ insurance with flood coverage protects your belonging
• Temporary Housing/Lease Termination: If uninhabitable, you may seek alternative housing or terminate your lease without penalty.
• Rent Abatement: You may be eligible for reduced rent if part of your apartment is unusable.
• Landlord Negligence: If the flood is due to neglect, consult an attorney and seek compensation. 

How Do I File a Flood Damage Claim in Texas?

To file a claim for flood damage in Texas:

• Notify Insurer: Contact your flood insurance provider right away.
• Document Damage: Take photos, videos, and make a list of damaged items.
• Temporary Repairs: Prevent further damage, save receipts, but don’t make permanent repairs yet.
• File Proof of Loss: Submit a detailed Proof of Loss, usually within 60 days.
• Meet Adjuster: Provide documentation to the adjuster during their inspection
• Stay Organized: Keep records of all communication and forms.
• Follow-up: Track the claim’s progress to ensure timely resolution.

What are my options if my flood damage claim is denied?

If your flood damage claim is denied, review the denial letter carefully to understand the reason. You may be able to provide additional documentation, like more photos, receipts, or repair estimates, to strengthen your claim. Requesting reconsideration from your insurance company is another option, especially if you can offer new information or clarification. If needed, hire a licensed public adjuster to help negotiate with the insurer. For claims through the National Flood Insurance Program, file an appeal with FEMA within 60 days of the denial. Contact Grisham & Kendall to explore legal action if you believe the denial was unjust.

What Are the Flood Damage Laws in Texas?

Texas flood insurance laws focus on prevention, insurance, and property management. Local governments enforce floodplain regulations, and homeowners in high-risk areas with federally-backed mortgages must have flood insurance. Landlords must maintain habitable conditions but aren’t liable for tenants’ belongings, so renters should have their own insurance. Sellers must disclose flood damage history when selling property, and government entities may be liable for flood damage if poor infrastructure management is proven. Residents may qualify for federal disaster relief through FEMA for repairs and temporary housing.

Can I Get Legal Help for Flood Damage in Houston, Texas?

Grisham & Kendall specializes in flood damage claims in Houston as well as other parts of the U.S. and can assist with disputes over denied or underpaid claims, landlord-tenant issues, and government liability if infrastructure failure caused the flooding. Our experienced attorneys skillfully negotiate with insurance companies and will fight for you in court to secure the compensation you deserve.

How Can I Legally Protect My Property From Future Flood Damage?

To legally protect your property from future flood damage, purchase flood insurance, especially if you’re in a high-risk area.  Make sure your property complies with local floodplain regulations, like elevating structures and installing flood barriers, and make necessary modifications like sump pumps or improved drainage systems in line with local permits. Keep drainage systems maintained to prevent flooding, and stay updated on flood maps and zoning regulations. These will safeguard and legally protect your property.

Who Can I Contact for Help with Flood Damage in Texas?

If you’re dealing with flood damage in Texas, Grisham & Kendall attorneys specialize in flood damage claims and can help you navigate the insurance process, negotiate with insurers, and litigate if necessary. 

At Grisham & Kendal, our attorneys are dedicated to helping you secure the compensation you deserve for flood damage in Texas. Contact us for consultation, and allow us to vigorously pursue your rightful compensation.