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

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

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

It is all specified by Texas’s Home Invoice 2102, which we’ll cowl in-depth on this article. We’ll discuss what Home Invoice 2102 states, what you, because the property proprietor, are accountable for in relation to roof repairs, and how you can discover a roofer you’ll be able to belief to do the work in accordance with the letter of the regulation.

Let’s begin with probably the most urgent query:

Can a Roofer Pay My Deductible in Texas?

No. 

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

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

After updates to Texas regulation 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 Regulation State?

Home Invoice 2102 is a Texas deductibles regulation 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 regulation 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 offer an excellent 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 worth of $1,000 or extra should include the next discover in no less than 12-point boldface sort: “Texas regulation 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 regulation for a vendor of products or providers who moderately expects to be paid wholly or partly from the proceeds of a property insurance coverage declare to knowingly enable the insured particular person to fail to pay, or help the insured particular person’s failure to pay, the relevant insurance coverage deductible.”

What Does HB 2102 Imply for Property House owners?

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, in accordance with Texas regulation, waive or low cost your deductible, and they’re required to make this regulation 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 regulation has all the time required that property house owners pay their insurance coverage deductibles. Sadly, some complicated language meant that it was very troublesome to implement that regulation, and lots 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 regulation ought to any roofer try and violate it. You may learn the total language in our weblog What the HB2102 Deductibles Regulation Means for Roofers, however generally, the punishment phrases for a roofer who makes an attempt to waive a deductible are as much as 180 days in jail, a advantageous of as much as $2,000, or each.

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

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

1. Pay your deductible, and 
2. Discover a respected roofer you’ll be able to 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 at the moment are required to incorporate the under assertion on their contracts, in measurement 12 or bigger font. 

“Texas regulation 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 regulation for a vendor of products or providers who moderately expects to be paid wholly or partly from the proceeds of a property insurance coverage declare to knowingly enable the insured particular person to fail to pay, or help the insured particular person’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 kind. This manner is important to point out 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 important 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 supply daring guarantees like a “free roof” the place you don’t have any out-of-pocket prices. It is a certain signal that this roofer is working exterior of the regulation. 

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

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

However what in case your property insurance coverage coverage deductible is greater than you’ll be able to afford?

In case your property insurance coverage deductible is greater than you’ll be able to afford, it is all the time greatest to buy round for a coverage that does suit your finances. That is a key element of selecting an insurance coverage coverage that’s the greatest match for you. 

However in case you’re already previous that time, and you’ve got filed a declare, one of the best factor to do is discuss together with your insurance coverage supplier to barter a decrease deductible. In case your present insurer will not supply a decrease deductible, buying round with different suppliers is a brilliant solution to get a deductible you’ll be able to afford. 

And, in case you simply can not seem to discover a coverage with an inexpensive deductible, it is good to know that fee plans could also be an possibility. Once more, you may must work together with your roofer and your insurance coverage supplier to set that fee plan up, and to make sure you’re finishing it in a manner 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 stated they’re going to get you a “free” roof, you could 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 are going to be capable of assist make sense of your state of affairs, decide what danger you’ll have, and establish a manner out that retains you secure from massive insurance coverage corporations. Get in contact with The Lane Regulation Agency’s insurance coverage dispute decision attorneys for skilled help you’ll be able to belief.