The trucks started showing up in Converse on the morning of September 12. Some are good local companies. Some are storm chasers who will be in Oklahoma by November. Either way, the pitch is the same: "We'll handle the insurance for you." Texas law has something specific to say about that.
The statute
Texas Insurance Code §4102.163 prohibits a roofing contractor from acting as a public adjuster, or advertising that it will adjust claims, on any property it will repair. A contractor also cannot offer to waive or pay your deductible; since 2019 that is a Class B misdemeanor under §707.002 of the Business and Commerce Code, and the carrier can refuse to pay the claim's replacement cost holdback without proof you paid it.
What a roofer may legally do: inspect the roof, give you an estimate, meet the carrier's adjuster at the house to point out damage, and build the roof. What a roofer may not do: negotiate the amount of your claim, "handle" it, or take a fee tied to the settlement.
Why the distinction matters to you
A roofer's estimate is a price for a roof. A claim is roof, metals, gutters, siding, screens, AC, fence, interior, overhead and profit, code upgrades and permits. When a roofer "handles" the claim, everything that is not a roof tends to disappear, because the roofer is not paid for it and cannot lawfully negotiate it anyway.
There is also the contingency contract. Many door-knocker agreements assign your claim proceeds to the roofer and lock you into their price before the carrier has paid. If the claim is underpaid, you owe the difference.
How to use a roofer well
- Ask for a physical address in the San Antonio area and a local reference from a previous hail season.
- Do not sign anything the day they knock. A "free inspection" does not need a signature.
- Get the claim settled first, then take bids. A settled claim with a full scope is the best negotiating position you will ever have with a contractor.
- If someone says they are a public adjuster, ask for the license number and check it on the Texas Department of Insurance website. Ours is 3356839.
Where we fit
We do not build roofs and never will. We settle the claim, in writing, for the full scope, and then you hire whoever you trust to build it. That is the arrangement Texas law intends, and it is the one that gets Converse homeowners paid correctly.
General information for Texas policyholders, not legal advice. Your claim depends on your policy and your property. More from the blog.