Can my roofer negotiate my claim for me?

No, not in Texas, and this is a specific statutory prohibition rather than a technicality. Insurance Code section 4102.163 bars a roofing contractor from acting as a public adjuster or advertising to adjust claims for any property where it is providing or may provide roofing services. That holds even if the contractor personally holds an adjuster license.

So what can a roofer actually do?

Quite a lot. The Texas Department of Insurance has stated that Chapter 4102 does not stop a contractor from preparing an estimate and discussing that estimate and other technical information with your insurer or its adjuster. The line is between supplying technical information, which is allowed, and negotiating the settlement on your behalf, which is not.

Should I be worried if a roofer offers to handle my claim?

It is a signal worth noticing. A contractor advertising that it will handle, negotiate or maximize your claim is describing something Texas law does not allow it to do. That does not automatically make them dishonest, but it does mean they are either unaware of the rule or comfortable ignoring it.

What does a public adjuster cost?

A percentage of the settlement, and Texas caps it. Under Insurance Code section 4102.104 a public adjuster's total commission may not exceed 10 percent of the insurance settlement on the claim. A public adjuster also may not sign or endorse your claim check on your behalf even with written authorization, and you must be named as a payee. Verify any adjuster's license through the Texas Department of Insurance before signing.

Do I need a public adjuster for a normal hail claim?

Often not. A straightforward claim with clear storm damage, good documentation and a cooperative adjuster usually settles without one. They earn their fee on disputed, underpaid or complicated claims.

Public Adjuster vs Your Roofer | Texas Roof Claims

The short answer

A public adjuster is licensed to negotiate your claim with your insurer on your behalf and typically charges a percentage of the settlement. A roofing contractor builds the roof. In Texas, under Insurance Code section 4102.163, a roofing contractor may not act as a public adjuster or advertise to adjust claims on any property where it is providing or may provide roofing services. A roofer can still give you an estimate and discuss that estimate and technical details with your insurer.

What to do

Verify any public adjuster's license through the Texas Department of Insurance before signing
Be cautious with any roofer advertising that it will handle or negotiate your claim
Ask your roofer for a detailed written scope and let that document speak to the adjuster
Read the percentage and the cancellation terms on a public adjuster contract carefully
Remember you can always request a reinspection yourself at no cost before hiring anyone

What we see in the Hill Country

Storm seasons here bring a wave of out-of-area companies offering to run the whole claim end to end. Aside from the legal problem, the practical one is that they leave once claims are paid, and a workmanship issue two years later has nobody local attached to it. A roofer with a Boerne address and a history that predates the storm is a different proposition.

Where this comes from

Source: Texas Insurance Code 4102.163 as amended by HB 2103 (2019); Texas Insurance Code 4102.104; TDI Commissioner's Bulletin B-0011-17. This page is general information from a roofing contractor, not legal or insurance advice. Your own policy governs your claim, and the Texas Department of Insurance help line is 800-252-3439.

Public Adjuster vs Your Roofer

The short answer

What to do

What we see in the Hill Country

Where this comes from

More on roof claims

Straight answers