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HomeProperty InsuranceCan A Roofer Pay My Deductible in Texas? Understanding HB2102 Deductibles Legislation

Can A Roofer Pay My Deductible in Texas? Understanding HB2102 Deductibles Legislation


If your own home has been hit by a hail or windstorm, you are doubtless seeking to your insurance coverage coverage to get the protection you want for roof repairs. However, most often, it is as much as you to seek out the roofer who can truly make the repairs.

As you are on the lookout for somebody who has the time and experience to come back out and repair your roof, you will doubtless store round for one of the best value. From time to time, you may hear from a roofer, “we provide free roof repairs after storm or wind injury.” However is that this true? And might you belief a Texas roofer who makes that declare?

It is all specified by Texas’s Home Invoice 2102, which we will cowl in-depth on this article. We’ll discuss what Home Invoice 2102 states, what you, because the property proprietor, are liable for in terms of roof repairs, and tips on how to discover a roofer you may belief to do the work based on the letter of the legislation.

Let’s begin with essentially the most urgent query:

Can a Roofer Pay My Deductible in Texas?

No. 

It is at all times been unlawful within the state of Texas for a roofer to waive or low cost a deductible or provide a “free” roof.

However previously, some complicated language made it troublesome for the state to implement this legislation. Here is a bit extra information about how roofers may attempt to pay your deductible.

After updates to Texas legislation in 2019, most notably with Home Invoice 2102, the state is cracking down on a roofer’s capability to “waive” deductibles, and it is extra essential than ever for property house owners to know precisely which guidelines to observe as they make a roofing insurance coverage declare. 

What Does the HB 2102 Legislation State?

Home Invoice 2102 is a Texas deductibles legislation that went into impact on September 1, 2019. Its objective was to replace beforehand unclear language round property insurance coverage deductible legal guidelines. 

The HB2102 Texas deductibles legislation states the next: 

Sec. 27.02. GOODS OR SERVICES PAID FOR BY INSURANCE PROCEEDS: PAYMENT OF DEDUCTIBLE REQUIRED [CERTAIN INSURANCE CLAIMS FOR EXCESSIVE CHARGES]. 

(A)  On this part, “property insurance coverage coverage” has the that means assigned by Part 707.001, Insurance coverage Code.

(B)  A contract to supply a very good or service that’s moderately anticipated to be paid wholly or partly from the proceeds of a declare beneath a property insurance coverage coverage and that has a contract value of $1,000 or extra should include the next discover in a minimum of 12-point boldface sort: “Texas legislation requires an individual insured beneath a property insurance coverage coverage to pay any deductible relevant to a declare made beneath the coverage. It’s a violation of Texas legislation for a vendor of products or companies who moderately expects to be paid wholly or partly from the proceeds of a property insurance coverage declare to knowingly permit the insured individual to fail to pay, or help the insured individual’s failure to pay, the relevant insurance coverage deductible.”

What Does HB 2102 Imply for Property Homeowners?

To boil all of that authorized jargon down, HB2102 signifies that in any occasion the place you’re utilizing your property insurance coverage, you, the property proprietor, should pay the deductible outlined in your property insurance coverage coverage. 

A roofer can’t, based on Texas legislation, waive or low cost your deductible, and they’re required to make this legislation obvious to you in any contract they current. 

How Does HB 2102 Change How Roofs Ought to Be Paid for In Texas?

As talked about earlier than, Texas legislation has at all times required that property house owners pay their insurance coverage deductibles. Sadly, some complicated language meant that it was very troublesome to implement that legislation, and plenty of roofers took benefit of this to lure or rip-off Texas owners with “free” roofs. 

HB 2102 tightens up that language and makes it very clear how the state can implement this legislation ought to any roofer try and violate it. You possibly can learn the total language in our weblog What the HB2102 Deductibles Legislation Means for Roofers, however on the whole, the punishment phrases for a roofer who makes an attempt to waive a deductible are as much as 180 days in jail, a high quality of as much as $2,000, or each.

How Can I Discover a Respected Roofer Who Adheres to HB 2102?

All this info may sound complicated, however the brand new adjustments basically boil down to 2 key factors for property house owners: 

  1. Pay your deductible, and 
  2. Discover a respected roofer you may belief to do the work proper the primary time. 

To discover a respected roofer who’s adhering to HB 2102, search for: 

  • The HB2102 language on their contract. Roofers are actually required to incorporate the beneath assertion on their contracts, in measurement 12 or bigger font. 

“Texas legislation requires an individual insured beneath a property insurance coverage coverage to pay any deductible relevant to a declare made beneath the coverage. It’s a violation of Texas legislation for a vendor of products or companies who moderately expects to be paid wholly or partly from the proceeds of a property insurance coverage declare to knowingly permit the insured individual to fail to pay, or help the insured individual’s failure to pay, the relevant insurance coverage deductible.”

  • An area to fill in your insurance coverage deductible quantity and test quantity on their contract or service type. This type is critical to indicate to the insurance coverage supplier as a type of proof that you’ve got already paid the roofer your deductible. Don’t pay money! 
  • A roofer who’s offering wonderful work, and who has an incredible long-term popularity. Particularly round storm season, roofers often called “storm chasers” will stake out sure neighborhoods or areas which have been hit with inclement climate. These roofers will provide daring guarantees like a “free roof” the place you haven’t any out-of-pocket prices. This can be a positive signal that this roofer is working outdoors of the legislation. 

What if I Cannot Afford My Insurance coverage Deductible for a New Roof?

HB2102 signifies that property house owners should be diligent about who they rent to exchange or restore their roofs. It additionally means there is no approach round the price of your deductible. 

However what in case your property insurance coverage coverage deductible is greater than you may afford?

In case your property insurance coverage deductible is greater than you may afford, it is at all times finest to buy round for a coverage that does suit your price range. That is a key element of selecting an insurance coverage coverage that’s the finest match for you. 

However if you happen to’re already previous that time, and you have filed a declare, one of the best factor to do is discuss along with your insurance coverage supplier to barter a decrease deductible. In case your present insurer will not provide a decrease deductible, procuring round with different suppliers is a brilliant option to get a deductible you may afford. 

And, if you happen to simply can not seem to discover a coverage with an reasonably priced deductible, it is good to know that cost plans could also be an choice. Once more, you will have to work along with your roofer and your insurance coverage supplier to set that cost plan up, and to make sure you’re finishing it in a approach that’s compliant with HB 2102. 

What if I’ve Already Contracted with a Roofer for a “Free” Roof?

In the event you’ve already labored with a roofer who has mentioned they’re going to get you a “free” roof, it’s possible you’ll unknowingly be susceptible to insurance coverage fraud which is a misdemeanor. Worse, it’s a felony to knowingly not pay your deductible.

It is essential to get in contact with an skilled lawyer instantly. They’ll have the ability to assist make sense of your state of affairs, decide what threat you’ll have, and determine a approach out that retains you protected from massive insurance coverage firms. Get in contact with The Lane Legislation Agency’s insurance coverage dispute decision attorneys for skilled help you may belief.

 



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