The Short Version
Texas law requires you to pay your insurance deductible. A contractor cannot waive it, absorb it, rebate it, or help you avoid it in any other way. If someone offers to, that offer is itself an offense under Texas Business & Commerce Code § 27.02.
What the Law Says
Texas Insurance Code § 707.002 says that a person insured under a property insurance policy shall pay any deductible that applies to a first-party claim made under the policy. In plain terms: the deductible is yours to pay.
Texas Business & Commerce Code § 27.02 makes it an offense for a seller of goods or services, such as a roofing contractor, to advertise or promise to pay, waive, absorb or otherwise decline to charge or collect your deductible, to give you a rebate or credit that offsets it, or to help you avoid it in any other way, without your insurer's consent. It also requires a contract of $1,000 or more that may be paid by an insurer to carry a notice about your deductible in 12-point bold type.
Texas Insurance Code § 4102.163 bars a contractor from acting as a public adjuster for you, or advertising that it will. Handling or negotiating your claim is a job for a licensed public adjuster, not your roofer.
What a Contractor Can Do
- Photograph the roof and estimate the work. We photograph the roof and give you a detailed written estimate you can share with your insurance company.
- Provide a detailed estimate. A line-by-line breakdown of materials and labour gives you something concrete to work with.
What a Contractor Cannot Do
- Pay, waive or absorb any portion of your deductible.
- Offer discounts, rebates, or credits that offset the deductible.
- Help you avoid paying the deductible in any other way.
- Act as your public adjuster: handle, negotiate or speak for your claim.
Why We Are Telling You This
Because you will encounter contractors who make these offers. The offer itself may feel like a favour. In practice it is a sign that the contractor is either unaware of the law or willing to break it — and in either case, you are exposed to risk if the insurer discovers the arrangement.
We do not offer deductible waivers. We photograph the roof and give you a detailed written estimate you can share with your insurance company. We don't handle claims or speak for your insurer. Your deductible is between you and your insurer.