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


If your property has been hit by a hail or windstorm, you are probably seeking to your insurance coverage coverage to get the protection you want for roof repairs. However, normally, it is as much as you to search out the roofer who can truly 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 will probably store round for the most effective worth. Now and again, 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 will cowl in-depth on this article. We'll discuss what Home Invoice 2102 states, what you, because the property proprietor, are chargeable for relating to roof repairs, and discover a roofer you'll be able to belief to do the work in line 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 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 prior to now, some complicated language made it troublesome for the state to implement this regulation. This is a bit extra information about how roofers would possibly 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 skill to "waive" deductibles, and it is extra vital than ever for property homeowners to know precisely which guidelines to comply with as they make a roofing insurance coverage declare. 

What Does the HB 2102 Legislation State?

Home Invoice 2102 is a Texas deductibles regulation that went into impact on September 1, 2019. Its goal 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 a very good or service that's moderately anticipated to be paid wholly or partly from the proceeds of a declare below a property insurance coverage coverage and that has a contract worth of $1,000 or extra should comprise the next discover in a minimum of 12-point boldface sort: "Texas regulation requires an individual insured below a property insurance coverage coverage to pay any deductible relevant to a declare made below the coverage. It's a violation of Texas regulation 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, in line 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 at all times required that property homeowners 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 possibly can learn the complete 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 nice of as much as $2,000, or each.

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

All this info would possibly sound complicated, however the brand new modifications primarily boil down to 2 key factors for property homeowners: 

  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 dimension 12 or bigger font. 

"Texas regulation requires an individual insured below a property insurance coverage coverage to pay any deductible relevant to a declare made below the coverage. It's a violation of Texas regulation 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 verify quantity on their contract or service kind. This type is critical to indicate to the insurance coverage supplier as a type of proof that you've already paid the roofer your deductible. Don't pay money! 
  • A roofer who's offering wonderful work, and who has an incredible long-term status. Particularly round storm season, roofers referred to 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 haven't any out-of-pocket prices. It is a positive 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 homeowners have to be diligent about who they rent to exchange or restore their roofs. It additionally means there is not any means 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 at all times finest to buy round for a coverage that does suit your funds. That is a key element of selecting an insurance coverage coverage that's the finest match for you. 

However in case you're already previous that time, and you've got filed a declare, the most effective 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, buying round with different suppliers is a brilliant method to get a deductible you'll be able to afford. 

And, in case you 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 choice. Once more, you will must work along with your roofer and your insurance coverage supplier to set that fee plan up, and to make sure you're finishing it in a means 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 will get you a "free" roof, it's possible you'll unknowingly be liable 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'll have the ability to assist make sense of your scenario, decide what threat you might have, and establish a means out that retains you secure from massive insurance coverage corporations. Get in contact with The Lane Legislation Agency's insurance coverage dispute decision attorneys for knowledgeable assist you'll be able to belief.

 



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