How to File a Claim for Fireworks Damage

With July 4th just days away, knowing exactly how to file a fireworks damage claim could be the difference between a full recovery and paying thousands out of pocket. Here is a step-by-step guide for Texas homeowners.

Step 1: Document Everything Before Touching Anything

The moment it is safe to do so, documentation becomes your most powerful tool. Take wide shots of the overall scene and close-ups of specific damage, include an object for scale, and record a video walkthrough where you narrate what you see. This adds powerful context that photos alone cannot provide. Don't throw away any damaged items. Avoid discarding damaged materials — they could be used to substantiate your claim when the insurance adjuster arrives. Take pictures of damaged items and note what was lost. If the fireworks came from a neighbor's yard, photograph the debris, note the direction of launch, and collect the names and contact information of any witnesses immediately.

Step 2: File a Police Report

Before contacting your insurer, file a police report — especially if the fireworks were illegal in your area. A police report serves as critical third-party documentation of the incident and can establish that your neighbor violated a city ordinance, burn ban, or state regulation. Report the incident to authorities if it involves vandalism or other criminal activity — a police report is an official record that insurance companies trust and can be vital for your claim.

Step 3: Contact Your Insurance Company Immediately

Speed matters when filing a fireworks damage claim. Insurance policies place a time limit on filing claims. Know your time limit and get in touch with your insurance provider immediately to find out if you will be covered. Key questions to ask include: How long will it take to process my claim? Does my claim exceed my deductible? Will you need to obtain estimates for any damage? Under the Texas Prompt Payment of Claims Act, your insurer must acknowledge your claim within 15 days, accept or deny it within 15 business days of receiving documentation, and issue payment within 5 business days of acceptance.

Step 4: Make Temporary Repairs — But Preserve Evidence

Temporary repairs to prevent further damage are generally acceptable, but you should not make permanent repairs until the adjuster has seen the damage. Cover a fire-damaged roof with a tarp, board up broken windows, and keep all receipts for any temporary repair costs, as these will usually be reimbursed. Don't make permanent fixes before your adjuster comes out, or you risk losing coverage for the entire extent of the damage.

Step 5: Know the Illegal Fireworks Trap

Claims in Texas can become convoluted at this point. Property damage or injuries caused by fireworks can still be covered by insurance, but coverage can be complicated due to negligence or unlawful behavior. However, insurance claims may be denied if damage happens while using illegal fireworks. First, your own insurance may settle the claim. Then, you can pursue subrogation, which means you can seek compensation from your neighbor or their homeowners' insurance if they caused the damage using fireworks that are forbidden in your city or during an active burn ban.

Step 6: Know Your Legal Deadlines

Don't let time work against you. Texas law gives you two years from the date of property damage to file a lawsuit against the responsible party — and the clock starts on the date the damage occurs, not when you discover it or complete repairs. If your insurer delays, denies, or underpays your claim, contact the Texas Department of Insurance Help Line at 800-252-3439 or consult a licensed public adjuster or property damage attorney before that deadline expires.