Water Damage Insurance Claim in Memphis, TN: Rules
Under Tennessee rule 0780-01-05-.08, within 60 days after properly completed and executed proofs of loss, the insurer must accept or deny the claim or say more investigation is needed.
Who to Call First in MemphisFiling a Water Damage Claim in Tennessee
In Tennessee, you report the loss to your insurer, document the damage and keep the records the insurer asks for. Under rule 0780-01-05-.08, the insurer's 60-day window to accept, deny or say more investigation is needed runs from receipt of properly completed and executed proofs of loss. This page is general information, not legal or insurance advice.
- Tell your insurer promptly. The Tennessee Department of Commerce and Insurance (TDCI) advises prompt notice.
- Document the damage. TDCI and the Red Cross recommend documenting damage; photograph and video the affected rooms before anything is thrown out or torn out, when it is safe to do so.
- Keep receipts for temporary repairs and other costs the loss causes.
- Protect the property first. TDCI advises temporary protection first and an inspection before permanent repairs where possible.
If water is still coming in, See who to call first in Memphis and stop the source before you start on paperwork.
What Standard Tennessee Policies Usually Cover
TDCI says standard homeowners policies typically do not cover flood, storm water that has not damaged the roof or walls, or backed-up drains and sewers. Whether a burst pipe or other sudden leak is covered depends on your policy's wording, exclusions, deductible and maintenance provisions.
- Ask your insurer for a policy-specific answer about your loss, since a general page cannot decide it.
- Ask separately whether your policy includes sewer-backup coverage.
- Read the deductible and limits sections of your policy.
- For mold that follows a water loss, see mold after water damage in Memphis.
Renters: tell your landlord in writing. A renters policy covers your belongings, not the building.
Tennessee Insurer Deadlines Under Rule 0780-01-05-.08
Tennessee rule 0780-01-05-.08 sets the insurer's timing. Within 60 days after properly completed and executed proofs of loss, the insurer must accept or deny liability or notify you that more investigation is needed. If still incomplete, it sends letters with reasons 60 days after that notice and every 60 days thereafter. Payment follows within 30 days once liability is affirmed, if the amount is determined and not in dispute.
| Step | What the rule says | Rule reference | Checked |
|---|---|---|---|
| Decision | Within 60 days after properly completed and executed proofs of loss: acceptance, denial, or notice that more investigation is needed. | 0780-01-05-.08(1) | Checked: September 2026 |
| Investigation still open | The insurer notifies the claimant within 60 days; if the investigation stays incomplete, it sends a letter with the reasons 60 days after that notice and every 60 days after | 0780-01-05-.08(2) | Checked: September 2026 |
| Payment | The insurer tenders payment within 30 days of affirmation of liability, if the amount of the claim is determined and not in dispute | 0780-01-05-.08(6) | Checked: September 2026 |
| Statute of limitations | The insurer gives notice of an applicable statute of limitations at least 30 days before it may expire | 0780-01-05-.08(5) | Checked: September 2026 |
| Version | Rules filed July 11, 2017; effective October 9, 2017 | Tennessee Secretary of State rules publication | Checked: September 2026 |
The rule text is on the Tennessee Secretary of State's site as rule chapter 0780-01-05.
The 60-day period begins with properly completed and executed proofs of loss, not with your first phone call. Read your policy's claim section for anything it asks of you.
Public Adjusters and Their Fees in Tennessee
A public adjuster works for you, not the insurer, and Tennessee limits the fee under Tenn. Code §56-6-913. The fee is capped at 15% of settlement proceeds if the contract precedes the insurer's offer; after an offer, it is capped at 25% of the increase over the insurer's last offer before the contract. A special 10% cap applies in one mortgage situation, listed below.
- Contract before an offer: capped at 15% of settlement proceeds.
- Contract after an offer: capped at 25% of the increase over the insurer's last offer before the contract.
- Read the contract date. The 15% cap depends on the contract being signed before the insurer makes a settlement offer.
- Special 10% cap: a fee of no more than 10% applies to a catastrophic-disaster total loss within the first 12 months of a mortgage financing 100% of the purchase price.
The fee limits come from Section 14 of Tennessee Public Chapter 997, codified at Tenn. Code §56-6-913. Tennessee requires public adjusters to hold a license, and TDCI answers questions about policies at 615-741-2218 or 800-342-4029. Whether to hire one depends on the claim; the fee cap only limits what one can charge.
Olive Branch and other DeSoto County, Mississippi, readers. Mississippi rules apply to you, not the Tennessee rules above. Mississippi caps a public adjuster's fee at 10% of an insurance settlement under Miss. Code §83-17-523, as amended by HB 1174 effective July 1, 2025; after a written offer, the 10% applies to the amount above that offer. The law bars any fee or retainer before settlement and lets you cancel the contract without penalty for at least five business days, and Mississippi requires a remodeler license for residential improvement work above $10,000; a residential builder license applies to new residential construction above $50,000. The Mississippi Insurance Department consumer services line is 601-359-2453 or 800-562-2957. Read the text of HB 1174.
Flood Damage and the National Flood Insurance Program
Flood damage usually needs a separate flood policy. Through the NFIP, coverage for one to four residential units is up to $250,000 for the building and up to $100,000 for contents, with a 30-day waiting period, according to FEMA and FloodSmart.
- Memphis has been in the NFIP since December 1, 1982 (community number 470177).
- The city says its regulatory floodplain comes from riverine flooding caused by Nonconnah Creek, the Wolf and Loosahatchie rivers and backwater from the Mississippi River.
- Flood map questions in Memphis go to the Division of Engineering's Civil Design Bureau at 901-636-6700.
- FEMA's Flood Map Service Center is the official source for flood maps, and FEMA explains how to read them on its flood maps page.
The city's floodplain information page gives the program details. For what water damage work costs, the Memphis cost page lists the national figures. Bartlett, Collierville and Germantown are also in Shelby County, but each city runs its own floodplain office.
Keeping Records Before Repairs Begin
Good records let the insurer and you see what the loss was. Keep photographs and video of the damage, receipts for temporary repairs, and every document the insurer asks for in support of your proofs of loss, since the state's decision clock runs from receipt of them.
- Photograph and video the damage before disposal or demolition, when it is safe, as TDCI and the Red Cross recommend.
- Keep receipts for temporary protection and other loss-related costs.
- Ask a repair provider for a written, itemized estimate that separates labor, materials and equipment.
- Ask each provider for proof of insurance and any trade license the job requires.
Water that came through a ceiling or a broken supply line follows the same steps; the pages on ceiling water damage and burst pipe damage cover those two causes.
If That Did Not Work
If your insurer delays, denies the claim or offers less than you expected, you have three exits: go back to the insurer with your documents, use another route such as a public adjuster, or take the matter to the state insurance department. This page cannot say how long any of them will take.
- Try again. Contact the insurer again with your photographs, receipts and proofs of loss, and ask it to address each item.
- Another route. You may hire a public adjuster within the fee limits above, or get a second repair estimate to compare with the adjuster's figures.
- Who to contact. TDCI takes policy questions and complaints at 615-741-2218 or 800-342-4029. A complaint concerns a policy written in Tennessee.
Frequently Asked Questions
Should I hire a public adjuster for a Memphis water damage claim?
What timing does Tennessee rule 0780-01-05-.08 set for my insurer's decision?
How long does my insurer have to pay once it accepts?
Is river or surface flood damage covered by a Memphis homeowners policy?
Where do I complain about an insurer in Tennessee?
Should I make permanent repairs before the adjuster comes?
Water in your home right now?
See who to call first in Memphis, how to reach your water provider, and how to check your flood zone.
Who to Call First in Memphis