APPRAISAL ATTORNEY IN DALLAS, TEXAS
Texas Insurance Appraisal Lawyer
One of the most misunderstood provisions in your property insurance policy is the Appraisal clause. An appraisal is the process that takes place when your insurance company and you, the insured, cannot agree on the value of a loss. Appraisals are only used when trying to determine the value and extent of the damage. It is not used to determine whether there is coverage or the cause of a loss.
In appraisals, each party appoints its own appraiser. The appraiser is supposed to be a disinterested third party. The appraisers appraise the loss and attempt to reach a resolution on behalf of their clients. If they cannot agree, a third appraiser, called an umpire, makes the final determination.
There are two Major Traps in the Appraisal Process That Must be Managed Properly in Order to Maximize Your Claim.
First, you need to hire the correct appraiser. It is important to check the references, experience, and credentials of your appraiser. Your appraiser needs to be diligent and proactive. If your appraiser is reactive and passive, your case will not end well.
Second, you need to have input into the selection of the umpire. The policy will state that in the event the appraisers cannot agree on an umpire, either party can petition the Court to appoint an umpire. If you do not inject yourself into that process you will likely draw an umpire you don’t want.
If you are unprepared, the appraisal process strongly benefits the insurance company. Thus, it should be approached with great caution by the insured.
If you are going through the appraisal process, contact my law firm. It could make a huge difference.
What Policyholders Get Wrong About the Appraisal Process
Many property owners believe that invoking appraisal means the dispute is over and they will automatically receive a fair payout. That is rarely how it works in practice. Here is what you need to know.
The insurance company controls more than you think. Appraisal resolves disagreements about the amount of loss, but it does not resolve coverage disputes. If your insurer is also arguing the damage is not covered at all, appraisal will not fix that. You may still need an attorney even after a favorable appraisal award.
Your appraiser matters enormously. Insurers frequently work with appraisers who have a history of producing low estimates. You need someone who will fight for a realistic replacement-cost valuation, not a depreciated one.
Appraisal has deadlines. Many policies require you to invoke appraisal within a specific time window after a denial or underpayment. Miss it, and you may waive your right entirely.
Appraisal does not preclude litigation. If the process is corrupted or the result is still unfair, Tim Hoch can take your case to court and hold the insurer accountable under the Texas Insurance Code, including bad faith claims.
Related Reading:
- If your insurer is low-balling storm or hail damage, see Texas Hail Damage Claims
- Insurers acting in bad faith during the process may owe you additional penalties. Learn about Bad Faith Insurance Claims
- For a broader overview of how property insurance disputes work from start to finish, visit Property Insurance Process