Problems & fixes

Hail or storm damage: how to handle the claim and the contractor

By Post Oak RemodelingUpdated 5 min read

Short answer: File your claim as soon as you can, document the damage, and prevent further damage with temporary repairs. In Texas it is illegal for a contractor to waive, rebate or absorb your deductible, and a contractor working on your home can’t act as your public adjuster or negotiate your claim. Contracts of $1,000 or more involving an insurance settlement must state that you are responsible for the deductible.

What to do

  • Report the claim to your insurer promptly.
  • Photograph and video the damage, inside and out; keep damaged items until the adjuster says otherwise.
  • Make temporary repairs (tarp the roof, cover broken windows) and keep receipts.
  • Be there for the adjuster’s inspection.
  • Get more than one written estimate for repairs.
  • Keep a log of every conversation with your insurer.

What Texas law says contractors can’t do

RuleLaw
Offer to waive, rebate or pay your deductibleBusiness and Commerce Code § 27.02
Act as your public adjuster or advertise to adjust your claimInsurance Code § 4102.163
Leave out the deductible notice on insurance contracts of $1,000+Business and Commerce Code § 27.02

What a good contractor does

A contractor can inspect, document damage and give you a detailed repair estimate to share with your insurer. The claim itself is between you and your insurance company, or a licensed public adjuster you hire separately.

Common questions

Is it legal for a roofer to cover my deductible in Texas?

No. Texas law prohibits contractors from waiving, rebating or absorbing a policyholder’s deductible, and insurers can ask for proof it was paid. Report offers to the Texas Attorney General at 800-621-0508.

Can my contractor talk to my insurance company for me?

A contractor can provide an estimate and answer questions about the repair, but can’t negotiate your claim or act as your adjuster in Texas.

Sources

This guide is general information, not legal, tax or financial advice. Rules change; confirm details with the agency named in the sources or a licensed professional.

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