We offer the highest quality of construction in property improvement services throughout Texas with 5 offices serving commercial and residential property owners. Specialized in insurance claims processes we focus on roofing solutions. From quality workmanship to utilizing premium materials, our primary goal is to provide your property with safety, functionality and beauty.
A Texas Public adjuster is a state licensed insurance claims professional who will work with challenging your insurance company until a claim is
complete. They are not affiliated with an insurance company, public adjusters
work only for you, the policyholder, and their primary goal is to ensure that
you receive the full payout from your insurance claim.
Texas is a proud state, especially when it comes
to protecting consumers. In the event that you need to file a property damage
claim, there are licensed insurance claim specialists, known as public
adjusters, that can provide guidance and help maximize the claim settlement
after a loss.
There are three types of insurance adjusters you
may come across in Texas:
Public Insurance Adjusters work for you and have
no affiliation with insurance companies.
Independent Adjusters contract their services to
insurance companies and work on their behalf.
Company Adjusters, or Staff Adjusters, work for
the insurance company directly, so their priority is to the company’s bottom
line.
Public Adjusters are the only type of claims
adjusters that work on behalf of the policyholder and fight for you during the
insurance claims settlement process.
Fees For Hiring A Public Adjuster In Texas
Public Adjusters in Texas typically follow the
percentage of claim payment fee structure. In rare cases, an adjuster may
charge a flat rate or an hourly rate, but the industry standard is to bill
consumers 10% of the entire claim amount or 25% of new money (new money is
additional money above and beyond what your carrier has already offered as a
settlement or already paid out). As dictated by Texas law, the fee percentage
will never exceed 10% of the total value of the claim. The fees charged are
agreed upon upfront between the policyholder and the public adjuster which is
detailed in writing in the form of a contract. Public Adjusters in Texas
typically work on a contingency basis, meaning they are not paid until the
final settlement has been received.
We have worked with the largest firms in Texas and the smallest. We have found great success and personal attention from Freedom Public Adjusters.
A Texas property insurance appraiser is a professional who steps in when a policyholder and an insurance company cannot agree on a property damage claim value.
You and your insurance company might disagree about the amount of loss or the scope of damages during a claim settlement – such as the total cost to repair storm damage to your home, for example. You may disagree with your insurance company and think that their estimate for repairs is too low.
Disagreements and negotiations are a normal part of any property damage insurance claim. But when your insurance company refuses to negotiate on the amount of loss, you have the option to settle your claim by invoking an appraisal clause in your insurance policy. In doing so, both you and your insurance company need to hire your own appraiser to determine the value of the loss.
The goal of the appraisers is to make a determination as to a fair price for your claim, or what your insurance claim is worth. This undoubtedly means that hiring the right appraiser for this process is critical.
Invoking an Appraisal Clause
Every property insurance policy in Texas has an appraisal clause.
The appraisal language in a standard policy typically reads as follows:
Appraisal. If you (property owner) and we (insurance carrier) fail to agree on the actual cash value, amount of loss, or cost of repair or replacement, either can make a written demand for appraisal. Each will then select a competent, independent, appraiser and notify the other of the appraiser's identity within 20 days of receipt of the written demand. The two appraisers will choose an umpire. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a district court of a judicial district where the loss occurred. The two appraisers will then set the amount of loss, stating separately the actual cash value and loss to each item.
Each party – including you and your insurance company – is required to hire an appraiser. Each party must pay for its own appraiser. But, if they fail to reach a mutual decision and it has to go to an “umpire”, both parties must also split the expenses of the appraisal and umpire equally.
What is an Appraisal Umpire?
After both you and your insurance company hire an appraiser, both appraisers will work together to pick an appraisal umpire. Usually, a retired engineer, contractor, judge or lawyer is hired as a third-party fact-finder; A qualified umpire is anyone licensed by the state of Texas who is capable of giving an impartial valuation based on his or her expertise in the field. The appraisal umpire is a competent, disinterested, and impartial individual who may render a final, binding decision if the two appraisers cannot reach an agreement.
If the two appraisers cannot reach an agreement on the amount of the loss, then the decision will go to the appraisal umpire.
What Does a Property Insurance Appraiser Do?
After hiring an insurance appraiser, the appraiser will get to work. Some of the core duties performed by an insurance appraiser during a public appraisal include:
Investigate and evaluate your insurance claim
Determine whether your insurance policy covers the loss claimed
Decide the appropriate amount the insurance company should pay for the loss
Ensure that the claim is not fraudulent
Contact associates, coworkers, doctors, employers, contractors, the police, and others to get additional information about a questionable claim
Consult with lawyers on claims if needed
Maintain claims files, including a record of settled claims and an inventory of claims requiring detailed analysis
Negotiate a final settlement with the appraiser hired by your insurance company
If a disagreement cannot be reached, pass the case off to the appraisal umpire for a final verdict
Overall, an appraiser’s goal is to investigate, evaluate, and provide valuations on property damage to help settle insurance claims.
Some specialize in a specific area of insurance – like a commercial, business, and residential insurance. Others specialize in a specific type of damage – like hail, roof, wind, flood, or hurricane damage.
Pros and Cons of Insurance Appraisal
An insurance appraisal is a crucial part of the insurance industry. When two sides cannot reach an agreement on the value of a claim, then the policyholder may invoke the appraisal clause.
Pros
• Insurance appraisal could be the best way to resolve a significant claim dispute with your insurance company.
• You can add significant value to your claim without the added time and expense of prolonged litigation.
• The terms of invoking an appraisal are already written into your insurance contract. It’s a well-established process used by policyholders across Texas every year.
• You can earn every penny legally owed to you by your insurance company for your claim.
• You can prevent an insurance company from dragging its feet, denying your claim for no good reason, or engaging in other problematic tactics.
Cons
• The disputed difference needs to be significant for the claims process to be worthwhile. If you and your insurance company disagree about $5,000, for example, then the appraisal fees alone could take up any proceeds even if the appraisers rule in your favor.
• There are no guarantees about the outcome of an appraisal. Once a decision has been reached – either by the appraisers or the umpire – that decision is final. There are limited ways to challenge this final decision, change the award, or receive further compensation.
• Some appraisals can take a long time. You may spend months waiting for the other side to choose an appraiser, perform a thorough appraisal, negotiate, and then finally receive a decision from the appraisal umpire.
• It can be difficult to find impartial appraisers willing to work for the policyholder (and it’s often easier for your insurance company to find an impartial appraiser).
• Impartial appraisal umpires can be difficult to find, and they need to be approved by the insurance carrier’s appraiser.
Texas doesn’t allow a roofer or contractor to act as a public insurance adjuster on insurance claims if they’re also doing the work. You can’t advertise that you would do so, either.
Avoid problem language and conduct
Make sure your websites, ads, and other materials don’t say or imply that you will act as both a contractor and adjuster on a project. Examples of improper language or conduct include:
Offering to negotiate claim settlements or file a claim for the policyholder.
Promising to recover “every dime you are owed” from an insurer.
Advertising to help homeowners avoid “incorrect settlement pricing.”
Telling others, including insurance companies, that you represent the policyholder or can speak for them on coverage issues.
Don’t waive deductibles
It’s also illegal in Texas for a contractor to offer to waive, rebate, or absorb a property policyholder’s deductible. State law:
Requires contracts for $1,000 or more that involve an insurance settlement to include a notice that the policyholder must pay the deductible.
Allows insurance companies to request proof from the policyholder that the deductible was paid.
Report violations to the Texas Attorney General at 800-621-0508.
Know the law
Insurance Code 4102.163: Prohibits acting as a public adjuster or advertising to adjust claims if you provide or may provide contracting services on the property.
Texas Administrative Code, Title 28, 21.102(1): Defines advertisement to include a website.
Insurance Code 4102.001(3): Defines a public insurance adjuster.
Insurance Code Chapter 707: Requires a property insurance policyholder to pay the deductible and authorizes insurance companies to request proof of payment.
Business and Commerce Code 27.02: Prohibits waiving or rebating a deductible and includes a required notice on contracts of $1,000 or more involving insurance settlements.
Allow Roofing Professionals of Texas to help you prepare for
your roofing project!
Whether it’s a new roof replacement
installation, solar installation, windows and doors or roof repair, we want to ensure
that you are as happy with the process as you are with the finished product on
your Texas home.
While projects may vary, this is
based on the average home. Your project manager will help manage your
expectations by letting you know why your project may need less or additional
time based on the details and layout of your roof.
If you have any additional
questions, then please contact us at 469-906-2600 or fill out a Contact Form.
Below are step by step guides to how the process will go and what exactly you
can do to prepare your home for your new roof.
Morning
Drop Off
In the morning, your new roof
replacement is ready to begin, the dumpster will arrive approximately between
the time of 7:00 and 10:00am.
Tear
Off and Dry In
Shortly after, typically around 30
minutes after the dumpster, your crew will arrive and will begin to work
immediately to start the tear off of your existing roof.
The new roofing material will be delivered by mid
morning or early afternoon.
Depending on the size of your roof,
the tear off and dry in is completed by the end of the day. Your crew will do
the tear off and dry in process. The dry in will protect your home
and the wood underneath it from any weather that may occur during your
installation.
Completion
(Number of days depends on roof type)
We then install the new roofing system per manufacturers specifications and local and federal building codes. Upon completion, a quality control check will conduct an inspection with you to ensure
your satisfaction.
“This new law will help further protect consumers,” said Texas Insurance Commissioner Kent Sullivan. “Roofers who waive deductibles are cutting corners. Take your business elsewhere.”
After a major storm, contractors – including some scam artists – are quick to arrive on the scene. This leads to shoddy repairs, fake contracts, and other problems. The Texas Department of Insurance created a special fraud unit that meets with local officials after a disaster and explains steps they can take to protect residents from contractor scams.
One selling point bad contractors often use is offering to waive or absorb the homeowner’s deductible. The contractor then cuts corners, uses lower quality products, or inflates the bill sent to the insurance company to cover the difference.
It is illegal for contractors or roofers to offer to waive a deductible or promise a rebate for all or part of a deductible. Under the new law effective September 1, violators could get up to a $2,000 fine and up to six months in jail.
April 28 2021 -- The hail pounded a wide swath of our area. Now homeowners are cleaning up what's left.
Kathy, a homeowner in Trophy Club only has a few more scoops of debris to collect from her yard, but she's worried enough about her roof to get an inspector from Roofing Professionals of Texas out to look for damage.
"I think we called Roofing Professionals of Texas and had them come out to ease my mind just to have it looked at," Kathy said.
Insurance agents say it's wise to have your roof checked even if you do not see any obvious damage from hail.
We're looking for damage to the shingles, the vents, (and) the matting of the shingles.
Agents say if there is damage, homeowners may only have a few months to file a claim depending on their insurance company, but it could be a year or more before a problem develops.
In some cases, the damage caused by the storm will not be greater than a homeowner's deductible. In that case, do not be surprised if you have to pay for the repairs out of your own pocket.
Occasionally, insurance companies are unwilling to pay the present-day, fair market value for the roof replacements. When this happens, (you) the insured have the right to invoke theappraisal process.
The Appraisal Clause allows you - the policyholder to hire an independent appraiser to determine the value of their damages. In turn, the insurance company will also hire their own independent appraiser. The two appraisers will then decide upon an umpire. The umpire is basically an arbitrator, or what you might call the judge. If a disagreement between the two appraisers arises, they can present their differences to the umpire who will make a ruling. These three individuals are known as the Appraisal Panel. The object of the Panel is to determine The Amount of Loss. The Amount of Loss is the total dollar amount needed to return the damaged property (your roof and/or any other damaged property) back to its original condition, either by repair or replacement.
To all veterans of all branches: Thank you for your sacrifice, your bravery, and the example you set for us all. In short, thank you for your service! To all those who have served, and those who continue to serve… Happy Veterans Day!
Contact 469-906-2600 for any of your roofing and waterproofing needs
Everyone
has different needs and situations when it comes to finances. To safeguard
that everyone can afford a roof when
they need one without immense pressure and risk with a high interest loan,
Roofing Professionals of Texas offers low interest, low payment financing
options. Whether your credit is perfect or you have gone through a bumpy
patch, we offer a financing option perfect for your needs. Our financing options
range from partnerships with banks such as OneMain Financial, AVANT, Lending
Club, LendingPoint, Marcus By Goldman Sachs, Payoff, Prosper, SoFi, Upgrade,
BestEgg. To apply, simply speak with your Dallas Fort Worth roofing
professional at the time of your estimate.
It
is a violation of Texas law for a seller of goods or services who reasonably
expects to be paid wholly or partly from the proceeds of a property insurance
claim to knowingly allow the insured person to fail to pay, or assist the
insured person's failure to pay, the applicable insurance deductible.
HB2102 is the new deductible law that went into effect September 1st, 2019,
only 3 months after it was signed by the governor. It is not a completely new
law, but rather a clarification and more carefully-worded version of the
deductibles law that has been around for years.
What the law says:
Sec. 27.02. GOODS OR SERVICES PAID FOR BY INSURANCE PROCEEDS:
PAYMENT OF DEDUCTIBLE REQUIRED [CERTAIN INSURANCE CLAIMS FOR EXCESSIVE
CHARGES].
(A) In this section, "property insurance policy"
has the meaning assigned by Section 707.001, Insurance Code.
(B) A contract to provide a good or service that is
reasonably expected to be paid wholly or partly from the proceeds of a claim
under a property insurance policy and that has a contract price of $1,000 or
more must contain the following notice in at least 12-point boldfaced type:
"Texas law requires a person insured under a property insurance policy to
pay any deductible applicable to a claim made under the policy. It is a
violation of Texas law for a seller of goods or services who reasonably expects
to be paid wholly or partly from the proceeds of a property insurance claim to
knowingly allow the insured person to fail to pay, or assist the insured
person's failure to pay, the applicable insurance deductible."
If you have a lot of contracts already printed without this new
language, you may include this part of the law on an addendum for your customer
to sign. When you do print new contracts, make sure you include this newly
required language.
What you cannot do:
(C) A person who sells goods or services commits an offense
if the person:
(1) Advertises or promises to provide a good or service to
an insured under a property insurance policy in a transaction in which:
(A) The good or service will be paid for by the insured from
the proceeds of a property insurance claim; and
(B) The person selling the good or service will, without the
insurer's consent:
(i) Pay, waive, absorb, or otherwise decline to charge or
collect the amount of the insured's deductible;
(ii) Provide a rebate or credit in connection with the sale
of the good or service that will offset all or part of the amount paid by the
insured as a deductible; or
(iii) In any other manner assist the insured in avoiding
monetary payment of the required insurance deductible; or
(2) Provides a good or service to an insured under a
property insurance policy knowing that the insured will pay for the good or
service with the proceeds of a claim under the policy and, without the
insurer's consent:
(A) Pays, waives, absorbs, or otherwise declines to charge
or collect the amount of the insured's deductible;
(B) Provides a rebate or credit in connection with the sale
of the good or service that offsets all or part of the amount paid by the
insured as a deductible; or
(C) In any other manner assists the insured in avoiding
monetary payment of the required insurance deductible.
(D) An offense under this section is a Class B misdemeanor.
Under Texas's laws, a Class B misdemeanor is punishable by up to
180 days in jail, a fine of as much as $2,000, or both. For example, possession
of up to two ounces of marijuana is a Class B misdemeanor. (Tex. Penal Code
Ann. § 12.22 (2019).)
What does this mean to you?
Applies whether you are promising to waive or if you are actually
waving.
Prohibits paying, waving, absorbing or in any way declining to
charge or collect the deductible.
Prohibits rebates or credits that will offset all or part of the
deductible.
Prohibits in any manner assisting the insured in avoiding payment
of their deductible.
What is the insured's responsibility?
Sec. 707.002. PAYMENT OF DEDUCTIBLE REQUIRED. A person
insured under a property insurance policy shall pay any deductible applicable
to a first-party claim made under the policy.
Sec. 707.004. REASONABLE PROOF OF PAYMENT. An insurer
that issues a property insurance policy with replacement cost coverage may
refuse to pay a claim for withheld recoverable depreciation or a replacement
cost hold back under the policy until the insurer receives reasonable proof of
payment by the policyholder of any deductible applicable to the claim.
Reasonable proof of payment includes a canceled check, money order receipt,
credit card statement, or copy of an executed installment plan contract or
other financing arrangement that requires full payment of the deductible over
time.
It is the insured’s responsibility to submit proof of a separate
deductible payment. Deductible payment must be a separate payment and be the
first payment collected.
Our opinion
Since the insurance companies lobbied extremely hard to get this
law passed, we believe that they will start asking for proof of deductible
payment before releasing recoverable depreciation immediately. Since this is
now part of the insurance code, TDI will be able to investigate any violations.
Though they cannot prosecute the contractor, they can investigate and assess
fines for any violations. In addition, since they are a governing body, they do
carry a lot of weight with the DA’s office and could suggest charges be filed
for violators.
Fortunately, the courts are so overloaded it may be unlikely in
larger counties, but we wouldn’t be surprised if it happened in some smaller
counties. Hopefully, this law will help legitimate contractors get paid the
entire insurance claim and stop the less reputable contractors from stealing reputable Roofer’s customers.
Our suggestions:
Have owner affirmatively represent whether insurance proceeds are
being used and, if so, what is the amount of their deductible.
Provide a section on your contract for your customer to check a
box that indicates whether or not they are paying with insurance proceeds; a
blank line for them to write in the amount of the deductible, and a place for
them to initial that section.
Have language in your contract that requires the customer to
assist with collection of depreciation/hold back (owner required to provide
proof of deductible).
Have warning language from law in your contract and a place for
customer to initial.
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out what your monthly payment would be for your new roof.
