Your Insurance Claim Was Denied—Now They Want to Inspect Your Property
You’ve just sent your presuit notice to your insurance company after they denied your storm damage claim, and suddenly they’re asking to inspect your property. Texas law gives insurers specific rights to request property inspections after receiving presuit notice, and understanding these rights—along with your own—can significantly impact your claim’s outcome.
Many Houston homeowners face this situation after hurricanes, hailstorms, and flooding damage their properties. When insurers deny or underpay legitimate claims, property owners must navigate complex legal requirements before filing a lawsuit. The inspection request following your presuit notice is a legally protected right under Texas law that affects your timeline and potential recovery.
💡 Pro Tip: Document your property’s current condition with photos and videos before any post-notice inspection occurs. This creates a clear record of the damage as it exists when you sent your presuit notice.
If you’re navigating the choppy waters of insurance claims after storm damage, the path can seem daunting. Let Fitts Law Firm, PLLC be your guiding light. Reach out today at 713-871-1670 or contact us to discuss how we can assist you in managing inspection requests and protecting your rights.
Understanding Your Rights Under Texas Insurance Code Chapter 542A
Under Texas Insurance Code Chapter 542A, insurers have specific inspection rights that activate once they receive your presuit notice. Within 30 days of receiving your notice, the insurer can send a written request to inspect, photograph, or evaluate your damaged property. This right exists even if they’ve already inspected during their initial claim investigation. A denied insurance claim attorney in Houston can help you understand how insurers use this inspection opportunity strategically.
The law requires inspections be conducted "in a reasonable manner and at a reasonable time," protecting homeowners from excessive demands. If reasonably possible, inspections must be completed within 60 days after the insurer receives your presuit notice. Failing to allow a requested inspection can result in your lawsuit being abated—paused—until you provide the inspection opportunity.
💡 Pro Tip: Always respond in writing to inspection requests and propose specific dates and times. This creates a paper trail showing your cooperation and reasonableness.
Critical Deadlines and Timeline for Property Inspections
Understanding the precise timeline for property inspections after presuit notice helps you maintain control over your claim process. The clock starts when your insurer receives your compliant presuit notice, triggering specific deadlines both parties must follow.
- Day 1-30: Insurer may request inspection in writing within 30 days of receiving your presuit notice
- Day 1-60: Inspection should be completed within 60 days of notice receipt "if reasonably possible"
- Day 61+: You can file your lawsuit if no inspection was requested or after inspection is complete
- If inspection requested but not provided: Court will abate (pause) your lawsuit until 15 days after inspection
- Automatic abatement: Begins 11 days after verified plea in abatement if you don’t file a controverting affidavit
Texas HB 1774 created these timelines as part of legislation designed to address lawsuit abuse and reduce fraudulent or meritless property insurance claims, with insurers able to request inspection within 30 days of receiving presuit notice and complete it within 60 days if reasonably possible.
💡 Pro Tip: Mark your calendar with all these deadlines as soon as you send presuit notice. Set reminders at day 25 to check for inspection requests and at day 55 to confirm inspection scheduling.
Navigating Inspection Requests with Strategic Legal Support
When insurers request property inspections after presuit notice, experienced legal guidance becomes invaluable. A denied insurance claim attorney in Houston can help you understand whether the inspection request is reasonable, protect your rights during inspection, and prevent mistakes that could weaken your claim. The team at Fitts Law Firm, PLLC has extensive experience handling these requests and knows how insurers use them to build defenses.
Successfully managing the inspection process requires balancing cooperation with protection of your interests. You must provide reasonable access while ensuring the inspection doesn’t exceed its legal scope or create opportunities for the insurer to manufacture new denial reasons.
💡 Pro Tip: Consider having your attorney or a qualified professional present during the inspection to ensure proper documentation and prevent any improper expansion of the inspection scope.
Common Inspection Tactics and How to Protect Your Claim
Insurance companies often use post-notice inspections strategically, employing tactics that can surprise unprepared policyholders. A denied insurance claim attorney in Houston provides insight into how insurers might use inspection findings to challenge your presuit notice amount or argue damage occurred after your policy period.
Scope Expansion and Fishing Expeditions
Insurers sometimes attempt to expand inspection scope beyond the damage claimed in your presuit notice, requesting access to undamaged areas or seeking unrelated documentation. Texas Insurance Code Chapter 542A limits inspections to "the property that is the subject of the claim," giving you grounds to reasonably restrict access to relevant areas only. Documenting all inspection activities protects you if the insurer later claims they weren’t given adequate opportunity to evaluate the damage.
💡 Pro Tip: Create a written inspection protocol beforehand that outlines which areas will be accessible, permitted inspection activities, and time limits. Share this with the insurer when confirming the inspection appointment.
Strategic Considerations for Presuit Notice Amounts
Your presuit notice must state "the specific amount alleged to be owed by the insurer," and this figure becomes critically important during post-notice inspections. Insurers often use inspections to gather evidence challenging your stated amount, potentially affecting your attorney fee recovery under the statutory formula.
Protecting Your Fee Recovery Rights
Under Texas Insurance Code Chapter 542A.007, you might lose the right to attorney fee recovery entirely if the final judgment amount divided by your presuit notice amount results in a ratio less than 0.2, regardless of inspection findings. Chapter 542A creates a mathematical formula comparing your judgment amount to your presuit notice amount, with attorney fee awards varying based on this ratio. If the insurer’s inspection uncovers issues reducing your claim value, those findings could be used to challenge the claim and affect the ultimate judgment, but the attorney fee result is determined by the final judgment or settlement compared to the presuit notice amount. Consult a lawyer before sending your presuit notice to ensure your stated amount is both justified and defensible. Experienced counsel can help you document damages thoroughly and present an amount that withstands inspection scrutiny.
💡 Pro Tip: Before setting your presuit notice amount, obtain professional estimates from qualified contractors and document all damage meticulously. This preparation helps your amount survive inspection challenges.
When Inspections Become Unreasonable: Your Right to Object
While Texas law grants insurers inspection rights, these rights have limits. A denied insurance claim attorney in Houston can help you identify when inspection requests cross from reasonable to obstructive. Requests made after the 30-day deadline, demands for multiple inspections without justification, or requirements preventing timely repairs may be unreasonable and legally challengeable.
Documenting Unreasonable Requests
Some insurers push boundaries by requesting inspections during severe weather, demanding access when you’re hospitalized, or insisting on inspection times requiring you to miss work repeatedly. The law’s requirement for "reasonable manner and reasonable time" protects you from such overreach. Document all communications about inspection scheduling, including your efforts to accommodate reasonable requests and the insurer’s inflexibility.
💡 Pro Tip: If an insurer’s inspection request seems unreasonable, respond in writing explaining why and proposing reasonable alternatives. This shows good faith while protecting your position.
Frequently Asked Questions
Understanding Property Inspection Rights
Houston property owners facing denied insurance claims often have urgent questions about inspection requirements and their rights during this process.
💡 Pro Tip: Keep a detailed log of all inspection-related communications and activities. This record proves invaluable if disputes arise about whether you provided reasonable inspection opportunity.
Next Steps After Inspection Completion
Once the inspection concludes, understanding your next moves can mean the difference between a successful claim and continued delays.
💡 Pro Tip: Request a copy of the inspection report immediately after the inspection. While insurers aren’t always required to provide it, having this information helps you prepare for potential challenges.
1. What happens if I refuse to allow the property inspection after sending presuit notice?
Refusing a properly requested inspection can severely damage your claim. Under Texas Insurance Code Chapter 542A, if you don’t provide reasonable inspection opportunity, the insurer can file a plea in abatement. The court must abate (pause) your lawsuit until 15 days after you allow the inspection, potentially delaying resolution by months.
2. Can the insurance company request multiple inspections after receiving presuit notice requirements Texas?
The law contemplates a single inspection opportunity after presuit notice. However, if the first inspection couldn’t be reasonably completed due to weather, access issues, or time constraints, a continuation might be reasonable. Additional requests should be evaluated with legal counsel to ensure they’re not delay tactics.
3. How long do I have to wait after the Houston insurance claim inspection before filing my lawsuit?
You must wait until the later of: 60 days after giving presuit notice, or 15 days after the requested inspection is completed. If the insurer requested an inspection within their 30-day window, you cannot file suit until they’ve had reasonable opportunity to complete it and the additional 15-day period expires.
4. What should I document during the insurance company’s property inspection?
Document everything: date and time, names and credentials of all inspectors, areas inspected, photos or measurements taken, questions asked, and any comments about damage or coverage. Take your own photos before, during, and after the inspection. If possible, have a witness present and create a written summary immediately afterward.
5. Can a denied insurance claim attorney in Houston attend the property inspection with me?
Yes, you have the right to have your attorney or other representatives present during the inspection. Many attorneys recommend this approach to ensure the inspection stays within proper bounds and to help document any inappropriate conduct. Your attorney can also help ensure you don’t inadvertently make statements that could harm your claim.
Work with a Trusted Denied Insurance Claims Lawyer
Property damage claims involve complex procedural requirements that can trap unwary policyholders. From calculating proper presuit notice amounts to managing post-notice inspections, each step carries risks that can eliminate your right to attorney fees or delay your claim indefinitely. Understanding when to allow inspections, how to document them properly, and what constitutes reasonable cooperation requires deep knowledge of Texas insurance law.
Facing an uphill battle with your insurance after storm damage? Let Fitts Law Firm, PLLC guide you through the maze. Connect with us at 713-871-1670 or contact us to ensure your rights are protected and your claim moves forward smoothly.
