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Why It’s Illegal for Roofers to Waive a Homeowner’s Insurance Deductible
What You Need to Know
When your roof suffers storm damage and you’re faced with an insurance claim, it’s common to hear offers from roofers that sound too good to be true. One of the most common and illegal practices is when roofers offer to “waive” or “cover” your insurance deductible. While it might seem like a helpful gesture, homeowners need to know: waiving a deductible is against the law in many states, and it can put both you and the contractor at serious legal and financial risk.
What Is a Deductible, and Why Does It Matter?
An insurance deductible is the amount the policyholder is responsible for paying out of pocket before insurance covers the rest of a claim. For example, if your roof repair costs $10,000 and your deductible is $2,000, your insurance will pay $8,000 — you’re expected to pay the rest.
This system is designed to prevent fraud and ensure shared responsibility. When roofing contractors offer to take care of the deductible, they’re often inflating the cost of the project or falsifying invoices to make up the difference. That’s where it crosses the line into insurance fraud.
The Law Is Clear: It’s Illegal
In many states, including Texas, Florida, and others with frequent storm damage, waiving deductibles is against the law. For example, in Texas, House Bill 2102 (effective September 2019) makes it a Class A misdemeanor for contractors to pay, waive, or offset a policyholder’s deductible. The penalties can include steep fines and even jail time. What they won’t tell you is that homeowners can be held accountable if they knowingly allow a contractor to submit a false invoice or documentation to the insurance company.
Common Red Flags to Watch Out For
If a roofer or contractor says things like:
“We’ll handle your deductible.”
“We’ll give you a free roof with no out-of-pocket cost.”
“We’ll work with your insurance to cover everything.”
…be cautious. These are signs they may be attempting to skirt the law.
Why Honest Roofers Follow the Rules
Ethical contractors understand the law and work with transparency. They’ll provide a written contract, clearly explain your responsibilities, and never falsify insurance documents. Choosing a reputable roofer not only protects you legally but also ensures the quality and longevity of your roof.
What Should Homeowners Do?
Pay your deductible: It’s your legal obligation.
Report suspicious contractors: If a contractor offers to waive your deductible, report them to your state’s attorney general or insurance board.
Work with licensed, insured contractors: Verify credentials, check references, and ensure they’re following all local and state laws. What may seem like a “deal” to avoid paying your insurance deductible could land you in serious trouble. Waiving deductibles isn’t a courtesy — it’s insurance fraud. Protect yourself and your home by working with honest professionals who follow the law. When in doubt, ask questions, read the fine print, and never take shortcuts when it comes to your home or your finances.
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