If your private home has been hit by a hail or windstorm, you are possible trying to your insurance coverage coverage to get the protection you want for roof repairs. However, normally, it is as much as you to seek out the roofer who can really make the repairs.
As you are in search of somebody who has the time and experience to come back out and repair your roof, you may possible store round for one of the best worth. On occasion, you would possibly 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 speak about what Home Invoice 2102 states, what you, because the property proprietor, are liable for in the case of roof repairs, and easy methods to discover a roofer you possibly can belief to do the work in response to the letter of the legislation.
Let’s begin with probably 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 data about how roofers would possibly 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 means to “waive” deductibles, and it is extra vital 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 an excellent or service that’s fairly 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 at the very least 12-point boldface kind: “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 providers who fairly 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 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 not, in response to 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 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 legislation ought to any roofer try to violate it. You’ll be able to learn the complete language in our weblog What the HB2102 Deductibles Legislation Means for Roofers, however normally, the punishment phrases for a roofer who makes an attempt to waive a deductible are as much as 180 days in jail, a positive of as much as $2,000, or each.
How Can I Discover a Respected Roofer Who Adheres to HB 2102?
All this data would possibly sound complicated, however the brand new modifications basically boil down to 2 key factors for property house owners:
- Pay your deductible, and
- Discover a respected roofer you possibly can 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 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 providers who fairly 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 manner 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 glorious work, and who has a terrific long-term status. Particularly round storm season, roofers often known as “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 don’t have any out-of-pocket prices. This can be a certain 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 isn’t any manner round the price of your deductible.
However what in case your property insurance coverage coverage deductible is greater than you possibly can afford?
In case your property insurance coverage deductible is greater than you possibly can 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 together with your insurance coverage supplier to barter a decrease deductible. In case your present insurer will not provide a decrease deductible, purchasing round with different suppliers is a great technique to get a deductible you possibly can 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 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?
For those who’ve already labored with a roofer who has mentioned 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 vital to get in contact with an skilled legal professional instantly. They may be capable to assist make sense of your state of affairs, decide what danger you could have, and establish a manner out that retains you protected from giant insurance coverage corporations. Get in contact with The Lane Legislation Agency’s insurance coverage dispute decision attorneys for skilled help you possibly can belief.
