Insurance and Claims
Public Adjuster vs. Roofing Contractor: Who Can Legally Handle Your Texas Insurance Claim?
In Texas, a roofing contractor and a public insurance adjuster are legally separate roles, and a contractor cannot act as your public adjuster on the same property it's repairing. Texas Insurance Code Section 4102.163 bars a contractor from negotiating your claim settlement or telling your insurer it represents you on coverage questions -- a contractor can document damage and give you a repair estimate, but only a TDI-licensed public adjuster can negotiate the claim amount on your behalf. The Texas Supreme Court confirmed this dual-role ban in 2024, ruling against a roofing company whose contract had promised to 'negotiate' directly with the customer's insurer.
Direct Answer
In Texas, a roofing contractor and a public insurance adjuster are legally separate roles, and a contractor cannot act as your public adjuster on the same property it's repairing. Texas Insurance Code Section 4102.163 bars a contractor from negotiating your claim settlement or telling your insurer it represents you on coverage questions -- a contractor can document damage and give you a repair estimate, but only a TDI-licensed public adjuster can negotiate the claim amount on your behalf. The Texas Supreme Court confirmed this dual-role ban in 2024, ruling against a roofing company whose contract had promised to 'negotiate' directly with the customer's insurer.
What each role can and can't legally do on your claim
The confusion is understandable -- many roofing companies offer to 'help with your claim,' which sounds like adjusting. Here's the actual legal line, straight from TDI and the 2024 Texas Supreme Court ruling.
- A roofing contractor CAN: inspect your roof, document storm damage with photos, provide a written repair estimate, and meet the insurance adjuster on-site to point out damage -- this is normal and legal.
- A roofing contractor CANNOT: offer to negotiate your claim settlement, file the claim for you, or tell your insurer it represents you or can speak for you on coverage -- Texas Insurance Code Section 4102.163 prohibits this when the contractor may also do the repair work.
- Only a TDI-licensed public adjuster can legally negotiate your settlement amount on your behalf -- verify a license at TDI's adjuster lookup before signing anything with someone offering to 'handle your claim.'
- The 2024 Stonewater Roofing case matters because the contractor's own contract language -- promising to 'negotiate on your behalf with your insurance company' -- was exactly the violation the Texas Supreme Court upheld a penalty for, confirming TDI can enforce this even against a company calling itself an 'insurance specialist' rather than an adjuster.
- If a contractor asks you to sign a document authorizing them to speak to your insurer about your claim's value (not just to schedule an inspection), that's a red flag under this rule -- a public adjuster's separate, TDI-licensed engagement is the legal path for that.
- Public adjuster fees are separately capped by Texas law (10% of settlement) -- see our dedicated guide on hiring a public adjuster for that specific rule; this guide covers the different question of which role is even allowed to negotiate.
Why this distinction actually matters to your claim
- It's not a technicality: the Texas Supreme Court's 2024 ruling in TDI v. Stonewater Roofing was specifically about a contractor whose contract promised to negotiate with the customer's insurer -- the court upheld the state's authority to penalize exactly that, rejecting the company's free-speech defense.
- A contractor with a genuine conflict of interest (paid based on repair scope, not claim outcome) negotiating your settlement is the exact dual-role risk this law exists to prevent -- it protects you, not just the insurer.
- This doesn't mean contractor claim assistance is worthless -- our existing roof-insurance-claim-assistance service still covers documentation, estimates, and meeting the adjuster, all of which are legal and genuinely useful; it just isn't the same as hiring a licensed adjuster to negotiate on your behalf.
Sources
The data above is cited directly from these publishers - follow the links to read the original reporting.
Frequently Asked Questions
Can my roofer just call my insurance company for me?
A contractor can speak with your insurer to schedule an inspection or clarify what repair work is planned, but cannot negotiate your settlement amount or claim to represent you on coverage decisions -- that crosses into public-adjuster territory under Texas Insurance Code Section 4102.163.
What happened in the Stonewater Roofing case?
The Texas Supreme Court ruled in 2024 that a roofing contractor whose customer contract promised to 'negotiate on your behalf with your insurance company' violated the public-adjuster licensing law, and rejected the company's argument that this restriction violated free speech.
How do I know if someone offering to 'handle my claim' is a licensed public adjuster?
Ask for their TDI public adjuster license number and verify it directly through TDI's online license lookup before signing any agreement -- a legitimate public adjuster will have this readily available.