Is Waiving Roof Deductibles Illegal in Texas?

Q: Does Blue Truss file the insurance claim for me?

No. Texas law (Tex. Ins. Code Section 4102, the Unauthorized Practice of Public Adjusting Act) prohibits roofing contractors from filing claims, negotiating settlements, or representing homeowners in claim discussions with insurance carriers. The homeowner files the claim directly with their insurance company. Blue Truss provides thorough photo documentation and a written damage assessment that homeowners use to file accurately, and Blue Truss is available to answer technical questions about findings — but the claim itself is filed and managed by the homeowner.

Is It Illegal to Waive Roof Insurance Deductibles in Texas?

If a roofing contractor has offered to “cover your deductible” or told you they can work “for just the insurance check” — that is a violation of Texas law. Here is exactly what the law says, why it matters, and how it fits into the insurance claim process for Texas homeowners.

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Direct Answer

Yes — it is illegal in Texas for a roofing contractor to waive, pay, or rebate a homeowner’s insurance deductible. This practice is prohibited under Texas law (HB 2102), which took effect September 1, 2019. Contractors who violate this law can face criminal charges. Homeowners who knowingly participate may also face consequences. Before filing a claim, many homeowners want to understand will insurance pay for your roof in Texas — the deductible rules apply regardless. Blue Truss never waives deductibles — on any job, under any circumstances.

What Texas Law HB 2102 Says

Texas House Bill 2102, which became effective September 1, 2019, added specific provisions to the Texas Insurance Code making it a criminal offense for a roofing contractor to:

What Is Prohibited Under HB 2102

Pay all or part of a homeowner’s insurance deductible
Waive a homeowner’s insurance deductible
Rebate money to a homeowner to offset their deductible
Advertise that they will waive or cover a deductible
Offer any form of compensation designed to eliminate the homeowner’s deductible obligation

Penalty

A contractor who violates HB 2102 commits a Class B misdemeanor for a first offense — punishable by up to 180 days in jail and a fine of up to $2,000. Subsequent violations are Class A misdemeanors. This is a criminal offense, not just a civil penalty.

Why This Law Exists

The deductible waiver practice was widespread in Texas before HB 2102 — particularly after major hail events. After a major hail event, the honest path forward is to file a claim and pay your deductible — learn how hail damage roof repair works in The Woodlands. Here is why the waiver practice was a serious problem:

It’s Insurance Fraud

When a contractor waives your deductible and submits the full claim amount to your insurance company, they are effectively inflating the claim. The insurance company is being billed for work the homeowner was supposed to partially pay for. This is insurance fraud — even when the homeowner doesn’t realize it.

It Drove Up Premiums

Widespread deductible waiving inflated claim costs across Texas, which contributed to rising homeowner’s insurance premiums statewide. The practice was costing the insurance market — and ultimately all policyholders — significant money.

It Attracted Storm Chasers

Contractors who waived deductibles were often out-of-state storm chasers who used the promise of a “free roof” to generate leads quickly after major weather events. The work quality was frequently substandard, and the contractors were often gone before warranty issues emerged.

It Harmed Legitimate Contractors

Reputable local contractors who priced jobs honestly could not compete with contractors offering “free roofs.” HB 2102 leveled the playing field by making the deceptive practice illegal for everyone.

What “Waiving The Deductible” Actually Looks Like

Contractors who violate HB 2102 use various tactics — some subtle, some obvious. This is especially common after storm damage roofing in The Woodlands events when homeowners are rushed into decisions. Here are the most common forms:

“We Work For The Insurance Check”

The contractor tells you they only collect from your insurance company and you pay nothing out of pocket. This means your deductible is being absorbed into their pricing — a direct violation of HB 2102.

“We’ll Cover Your Deductible”

The contractor explicitly offers to pay your deductible for you. This is the most obvious violation and is exactly what the law prohibits.

Gift Cards or Credits

Some contractors offer gift cards, credits, or other compensation equal to the deductible amount. These are considered rebates under HB 2102 and are prohibited regardless of how they are structured.

Inflated Scope of Work

A contractor inflates the scope of work on the insurance estimate to cover the deductible amount — so the net payment to the homeowner effectively offsets what they owe. This is fraud regardless of whether the homeowner is aware of it.

What Homeowners Should Know

Your Deductible Is Your Responsibility

Your insurance deductible is the amount you agreed to be responsible for when you purchased your policy. It is not optional, negotiable, or transferable to your contractor. Paying your deductible is a condition of your insurance contract — failing to pay it while collecting the full insurance benefit may constitute insurance fraud on your part as well.

If you have been approached by a contractor offering to waive your deductible, here is what to do:

What To Do If A Contractor Offers To Waive Your Deductible

Decline the offer — participation may expose you to consequences as well
Do not sign any contract with that contractor
Report the contractor to the Texas Department of Insurance at tdi.texas.gov
Contact a reputable local contractor who complies with HB 2102
If you are unsure whether an offer violates the law, consult an attorney

How Blue Truss Handles Deductibles

Blue Truss has never waived, absorbed, or rebated a homeowner’s deductible — on any job, at any time. We comply fully with HB 2102 and all Texas insurance regulations. Our pricing reflects the actual cost of materials, labor, and overhead — not an inflated figure designed to hide a deductible credit.

When you work with Blue Truss, you will receive a transparent, written estimate. Your insurance pays what they approve. You pay your deductible. We complete the work to CertainTeed ShingleMaster Premier and GAF Master Elite standards — see why homeowners choose a roofer that follows Texas law. That is the only way we operate.

Looking For A Contractor Who Does Things Right?

Blue Truss provides free inspections, works directly with your insurance company, and complies fully with Texas law. No deductible waiving. No surprises. Zero deposit until the job is done.

Schedule Free Inspection Call 281-766-8524

Peter S.

I’m very happy with the end result.

Took a direct hit from the hailstorm on 5/12/2024 and reached out to Chris Doyle at Blue Truss. Chris was very honest in his assessment and I decided to file a claim with my insurance company. Chris and Blue Truss provided great support during the claim process and through to the installation today 6/12/2024. Whole process took exactly one month and I’m very happy with the end result.

If you are ever uncertain regarding having damage after a storm I strongly recommend Chris and the team at Blue Truss, honest and reliable.

July 29, 2024

I would highly recommend Blue Truss!

Our experience with BlueTruss and their project manager, Chris Doyle, was fantastic! It’s an excellent turnkey company from filing our claim to completing final inspection that all work was completed per contract. We loved their honesty, professionalism and work ethic. Chris was here from start to finish during our roof replacement. He made sure everything was to Blue Truss’ high standards and was also very detail oriented.

The crew was phenomenal! They showed up at 6:00am and did not leave until 7:00pm. They finished our entire roof in one day! I can’t say enough good things about the crew’s work ethic and how much care they took with our property.

The clean up after was done so well, you’d never even know they were here. Everything was spotless!

Our roof looks great and it makes our house look like a new home. I would highly recommend Blue Truss.

December 18, 2024

Khris T.

Best products!

"Jason is a true professional
Best experience with any contractor I have had. I’m both a business manager and real estate professional.
I highly recommend Jason and Blue Truss
He builds a great GAF roof and works across Texas
On time
Great communication
Works with home owners and insurance
Never late and always available
Best products
Talented staff
Thank you from our family to yours
Khris Tuffentsamer"

August 21, 2021

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Frequently Asked Questions: Roof Deductibles & Texas Law

Can a roofing contractor waive my insurance deductible in Texas?

No. Texas HB 2102, effective September 1, 2019, makes it a criminal offense for a roofing contractor to pay, waive, rebate, or absorb a homeowner’s insurance deductible — or to advertise that they will do so. A first-offense violation is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine; subsequent offenses are Class A misdemeanors. Homeowners who knowingly participate in deductible waiving may also face consequences. Blue Truss has never waived a deductible on any job and complies fully with HB 2102 on every project.

Does Blue Truss file the insurance claim for me?

No. Texas law (Tex. Ins. Code § 4102, the Unauthorized Practice of Public Adjusting Act) prohibits roofing contractors from filing claims, negotiating settlements, or representing homeowners in claim discussions with insurance carriers. The homeowner files the claim directly with their insurance company. Blue Truss provides thorough photo documentation and a written damage assessment that homeowners use to file accurately, and Blue Truss is available to answer technical questions about findings — but the claim itself is filed and managed by the homeowner.

How do I avoid contractor scams after a major Texas storm?

Storm chaser contractors typically appear within days of a major storm with high-pressure sales tactics, “free roof” offers that involve waiving the deductible (illegal under HB 2102), demands for upfront deposits, pressure to sign Assignment of Benefits agreements before facts are established, and offers to negotiate the claim directly with the insurance company (illegal under UPPA). Reputable Texas contractors require zero deposit, never offer to waive deductibles, never claim to handle insurance negotiations, and have a verifiable local address and history of work in the area. Blue Truss has been headquartered in Conroe since 2018, holds CertainTeed ShingleMaster Premier and GAF Master Elite certifications, and operates fully within Texas insurance law.

How do I recover the depreciation holdback on an RCV policy?

On an RCV policy, the insurance carrier issues the Actual Cash Value amount as the initial payment and withholds depreciation until the work is completed. After the roof replacement or repair is done, the homeowner submits documentation to the carrier — typically a Certificate of Completion, paid invoices, and photos of the completed work — to release the depreciation holdback. Without completing the work and submitting documentation within the carrier’s timeframe (often six to twelve months), the depreciation amount is forfeited.

How long do I have to file a roof insurance claim in Texas?

Most Texas homeowners insurance policies require claims to be filed within one year of the storm date, though some carriers impose stricter reporting windows — homeowners should review their specific policy or contact the carrier to confirm. Damage from older storms may be denied even when the damage is real and well-documented if the reporting deadline has passed. Scheduling a roof inspection promptly after any major storm event protects the homeowner’s ability to file a claim if damage is found.

What does it look like when a contractor is illegally waiving a deductible?

Common forms of deductible waiving prohibited under HB 2102 include: a contractor saying they “work for the insurance check” with no out-of-pocket cost to the homeowner, explicit offers to “cover the deductible,” gift cards or store credits issued in the deductible amount, and inflated scope of work on the insurance estimate that effectively offsets the deductible amount. All four are violations regardless of how they are structured or marketed. Homeowners encountering any of these should decline the offer, refuse to sign a contract with that contractor, and report the contractor to the Texas Department of Insurance at tdi.texas.gov.

What is the correct order of steps to file a Texas roof insurance claim?

The correct sequence is: (1) have a certified roofing contractor inspect and photo-document any damage so a written record exists before the claims process begins; (2) the homeowner files the claim directly with their insurance carrier within the policy reporting window; (3) the carrier sends an adjuster to inspect the roof, and the contractor can be present on-site to show the adjuster what was documented and answer technical questions; (4) the carrier produces an Xactimate estimate detailing approved scope; (5) the homeowner reviews the scope and communicates any concerns directly with the carrier; (6) the homeowner pays the deductible as required by Texas law; (7) the contractor completes the work to manufacturer-certified standards.

What is the difference between ACV and RCV on my Texas insurance policy?

Replacement Cost Value (RCV) policies pay the full cost to replace the roof with materials of like kind and quality, minus the deductible — most modern Texas homeowners policies are RCV. Actual Cash Value (ACV) policies pay the depreciated value of the roof at the time of loss, meaning an older roof receives a smaller payout. Many insurers issue the ACV amount as the initial check and release the depreciation holdback (the difference between ACV and RCV) only after the work is completed and the Certificate of Completion is submitted to the carrier.

What should I do if my insurance company denies or underpays my roof claim?

If a Texas homeowner believes their claim has been denied unfairly or the approved scope is insufficient to restore the roof correctly, they should consult a licensed public adjuster or a property insurance attorney — these are the only parties legally authorized to negotiate claims and represent homeowner interests with insurance carriers under Texas law. Blue Truss does not negotiate claims or act as a public adjuster, but can provide the documentation homeowners need to support a dispute. The Texas Department of Insurance also offers consumer complaint resources at tdi.texas.gov.

What types of roof damage does Texas homeowners insurance cover?

Standard Texas homeowners policies (HO-3 and HO-5) cover roof damage from hail, wind, storms (including water intrusion from wind or hail damage), trees or large limbs falling during a storm, fire (including wildfires), and vandalism. Most policies cover hail damage regardless of hail size. Wind coverage is typically included in standard policies, though some coastal Texas policies have separate wind deductibles. Flooding from ground water requires separate flood insurance and is not covered under standard homeowners policies.

Why would my roof insurance claim be denied?

Common reasons Texas roof claims are denied include normal wear and tear (a roof aged past its useful life is not a covered loss), pre-existing damage that existed before the policy was in force, improper installation by a previous contractor, neglect where damage worsened due to lack of maintenance, cosmetic-only damage on policies that exclude it, and excluded perils like flooding or earthquakes that require separate coverage. Documenting damage immediately after a storm event with detailed photos creates a clear record of the cause and timing — which is the strongest factor in claim approval.

Will my homeowners insurance pay to replace my roof?

In most cases, yes — Texas homeowners insurance policies typically cover roof replacement or repair caused by sudden, covered storm events such as hail, wind, hurricanes, fallen trees during storms, fire, and vandalism, minus the homeowner’s deductible. Coverage depends on the specific policy terms, the cause of damage, the type of policy (RCV versus ACV), and whether the claim falls within the carrier’s reporting window. Insurance does not cover roofs that need replacement due to age, normal wear and tear, neglect, improper installation, or pre-existing damage.

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