Insurance claims
Roof damage and your insurance claim: who does what
When a storm damages a roof, three parties are involved: you, your insurer and whoever repairs the roof. The claim is between you and your insurer. A roofer can find and document damage, but in Texas a contractor who does the work may not act as a public insurance adjuster for you, and nobody may waive your deductible. Here is how the pieces fit.
Who files a roof insurance claim?
You do. The policy is a contract between you and your insurance company, and the claim is made by the policyholder. You report the loss, give the date and what happened, and meet the adjuster the insurer sends. You may hire a licensed public adjuster to represent you if you choose; that is a separate, licensed role. What you should not do is hand the claim to the company that wants to sell you the roof.
What a roofer may and may not do in Texas
The Texas Department of Insurance spells it out. A roofer or contractor may not act as a public insurance adjuster on a claim for a property where they provide, or may provide, contracting services, and may not advertise that they will (Insurance Code 4102.163; a website counts as advertising). TDI gives examples of improper language and conduct:
- offering to negotiate claim settlements or to 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 anyone, the insurer included, that they represent the policyholder or can speak for them on coverage.
A roofer may inspect, photograph and describe the damage they find, and write an estimate for the work. That documentation is yours to pass on to your insurer.
Who pays the deductible?
You do. In Texas it is illegal for a contractor to offer to waive, rebate or absorb a policyholder's deductible. Under Insurance Code Chapter 707 and Business and Commerce Code 27.02, a contract of $1,000 or more that involves an insurance settlement must include a notice that you must pay the deductible, and your insurer may ask for proof that you paid it. An offer to "cover your deductible", or to hide it in an inflated estimate, is a reason to walk away. TDI asks people to report violations to the Texas Attorney General, and its roofing and insurance page has the number; for TDI's own help, see get help with an insurance complaint.
California: the same caution, different rules
California regulates public adjusters too, and a roofer there needs a CSLB license in the C-39 classification. The home improvement contract limits still apply when insurance pays: the down payment may not exceed $1,000 or 10 percent of the contract price, whichever is less, and the contractor may not collect for work not yet done or materials not yet delivered. Ask your insurer how it pays repair costs and whether a mortgage lender is named on the check.
What to photograph and keep
- The storm. The date, a NOAA Storm Events Database record for your county, hailstones beside a ruler or coin, fallen limbs.
- The house from the ground. Every side, gutters, downspouts, vents, windows, fences, the air-conditioner.
- The inside. Ceiling stains, wet insulation in the attic, damaged belongings, with dates.
- The emergency work. Tarp photos and receipts; the policy may expect you to prevent further damage.
- The paper trail. Claim number, adjuster's name, every estimate, the scope the insurer approved, and the signed contract.
The order that keeps you in control
Cover active leaks first (see emergency roof repair). Read your policy's section on duties after a loss. Report the claim. Have the roof inspected and keep the findings. Meet the adjuster, with the roofer present if you want a second set of eyes on the roof, as long as you speak for yourself. Compare the insurer's scope with the roofer's. Sign a repair contract that names the work, the products and, in Texas, the deductible notice. Pay in stages that follow the work.
When the scope and the roof do not match
Sometimes the insurer's estimate covers less than the roofer says is needed. Ask the insurer, in writing, how it reached its scope and what would change it. Ask the roofer for photos and measurements that support theirs. You can ask for a re-inspection, and you can hire a licensed public adjuster or an attorney. What you should not do is let the roofer argue the claim for you; in Texas that is the line the law draws.
Where this fits on our site
We are a request service, not a roofer and not an adjuster. We will not file, negotiate or promise anything about your claim. What we can do is talk through the damage you describe and the order of steps above, and call or email you back about the roof itself. For storm-specific signs, read hail damage roof repair.
Ask about storm damage on your roof
Tell us what the roof is doing, what it is made of if you know, and the city or ZIP. We call or email you back about it; the request is free and commits you to nothing.
Roof insurance questions
Can a roofer file my insurance claim for me?
In Texas, no: a contractor who does or may do the work cannot act as a public insurance adjuster for you or offer to file or negotiate your claim. You file it yourself, or hire a licensed public adjuster who is not your roofer. A roofer may still document the damage for you.
Is it legal for a roofer to cover my deductible?
Not in Texas. A contractor may not waive, rebate or absorb your deductible, contracts of $1,000 or more paid by an insurance settlement must say you pay it, and insurers may ask for proof. Report an offer to the Texas Attorney General; the Texas Department of Insurance's roofing and insurance page has the number.
Should the roofer be there when the adjuster comes?
It can help, because they can point out what they found on the roof. But you are the policyholder and you speak for yourself; in Texas the roofer may not represent you or speak for you on coverage. Take your own notes and ask the adjuster for the scope in writing.
Sources: Texas Department of Insurance, Roofing and insurance: Know the law (updated 2025-03-24); Contractors State License Board, Industry Bulletin #22-14 (2022-11-22) and C-39 Roofing classification; NOAA, Storm Events Database.