A Texas roofer can document your roof damage, meet the adjuster at your request, and give you a written scope and estimate. A Texas roofer cannot negotiate or adjust your claim, and cannot pay or waive your deductible. Both are illegal here. This page lays out the rules, the insurer’s deadlines, your cancel rights, and what to say when the adjuster shows up.
Austin Roofs is a referral service, not a roofing contractor. Your inspection and estimate come from our partner roofer, an independent contractor. Our partner roofer is checked against the standard on this page before we send a single request. Neither we nor the partner adjusts claims. This page is general information, not legal advice.
What a roofer can legally do on a claim
- Inspect and document. Every slope, test squares with hit counts, collateral damage, dated photos. The report belongs to you.
- Meet the adjuster, if you ask. Show what was found. Not argue coverage.
- Write a line-item scope and estimate that can be compared to the insurer’s.
- Do the work once you approve it, and give you the invoice and completion photos your insurer needs before releasing final payment.
- Complete TDI form PC068 if you choose Class 4 impact-resistant shingles, so you can ask about a discount.
That is the full list. Our partner standard holds our partner roofer to it.
What no roofer may do, and why
Negotiate your claim. Texas Insurance Code §4102.163 prohibits a contractor from acting as a public adjuster on a property it works on, or advertising that it will adjust claims, even with a power of attorney from you. TDI treats websites as advertising. If you want someone to negotiate with your insurer, that is a licensed public adjuster, who cannot also be your roofer.
Pay, waive, absorb, rebate or credit your deductible. Texas Business & Commerce Code §27.02 makes that a Class B misdemeanor. The 2019 amendment (HB 2102) also requires any contract of $1,000 or more expected to be paid from a property insurance claim to carry a deductible notice in 12-point bold type. Insurance Code §707.002 says you must pay your deductible, and §707.004 lets your insurer hold back the depreciation portion of a replacement-cost payment until you show proof you paid it (canceled check, card statement or financing agreement). TDI’s summary is at tdi.texas.gov, “Roofing and insurance: know the law.”
Offer a “free roof.” There is no such thing in Texas. It is either the misdemeanor above or an inflated scope, which is insurance fraud.
Your insurer’s deadlines under Texas law
Texas Insurance Code chapter 542 sets the clock once you file:
| Step | Deadline | Statute |
|---|---|---|
| Acknowledge the claim, start investigating, request what they need | 15 days after notice of claim (30 business days for surplus lines insurers) | §542.055 |
| Accept or reject the claim | 15 business days after receiving everything they requested. They may notify you they need more time, then must decide by day 45 | §542.056 |
| Pay an accepted claim | 5 business days after acceptance (20 business days for surplus lines) | §542.057 |
| After a weather catastrophe declared by the commissioner | Each deadline above gets an extra 15 days | §542.059(b) |
| If they pay late | Interest as damages, plus attorney’s fees. For weather claims under chapter 542A, the rate is the judgment rate plus 5 percent | §542.060 |
Two more dates. Before suing over a weather claim, you must give 61 days’ written notice stating the amount owed (Insurance Code §542A.003). A policy cannot shorten your time to sue below two years (Civil Practice & Remedies Code §16.070). The deadline to file the claim itself is set by your policy; TDI notes some allow one year from the date of damage.
Replacement cost, actual cash value, and the two checks
Most Texas replacement-cost claims pay in two checks (TDI). The first is the actual cash value: replacement cost minus depreciation and your deductible. The second, the recoverable depreciation, comes after the work is done and you send the invoice and proof you paid your deductible.
If your policy has moved the roof to actual cash value only, there is no second check. TDI’s example: a $10,000 roof with a $4,000 deductible pays $4,500 at 5 years old, $3,000 at 10 years, and $0 at 20 years. TDI also notes that insurers may switch older roofs to ACV at renewal and may decline a roof in poor condition. Look at your declarations page for “ACV” or a roof payment schedule before you file.
Two 2025 laws help. HB 2067 (effective January 1, 2026) requires insurers to give a written reason when they decline, cancel or nonrenew. SB 458 (effective September 1, 2025, on forms issued or renewed after January 1, 2026) requires home policies to include an appraisal process for disputes over the amount of a loss. If coverage is agreed but the dollar figure is not, each side picks an appraiser and the two pick an umpire. Your policy’s appraisal clause has the exact steps and who pays.
On roof age: on September 29, 2026, TDI proposed clarifying its rule (28 TAC §21.1006) that insurers cannot decline or nonrenew based on the age of a home or its components, including the roof; condition is still fair game. It was a proposal, not an adopted rule, at this writing. [VERIFY]
What to say to the adjuster
You are not required to say much. These habits help:
- State the storm date. Use the NWS report date from the Austin Hail Map, not a guess.
- Describe what you see, not what caused it. “Dark spots on the north slope, dents in the gutters, stain in the hall ceiling since the 24th.” Let the adjuster assign cause.
- Do not say “it’s been leaking for a while.” That sounds like maintenance, which is excluded.
- Do not say “the roof is old anyway” or “we were planning to replace it.” It invites an ACV or wear argument.
- Do not agree to a scope on the spot. Ask for the written estimate and compare it line by line.
- Do not sign anything from a contractor on the adjuster’s visit day, especially an assignment of benefits or a contract that becomes binding when the claim is approved.
- Ask whether your policy includes appraisal if the numbers end up far apart.
Your 3-day right to cancel
If a roofer came to your door, or met you anywhere other than their place of business, and you signed a contract for $25 or more, Texas Business & Commerce Code §601.051 gives you until midnight of the third business day after signing to cancel. The federal FTC Cooling-Off Rule provides a similar right for sales made at your home.
What Texas does not have: a law letting you cancel a roofing contract because the insurer denied the claim. Some states have one. Texas does not, and TDI lists no such right. [VERIFY] A clause making you liable if the claim is denied may well be enforceable. Do not sign a roofing contract before the claim is approved and you have seen the insurer’s scope.
How it works through this site
- Request an inspection before you file, so you know whether a claim is worth it. We pass it to our partner roofer.
- You file with your insurer. Nobody files for you.
- Adjuster visit. The partner attends if you ask.
- Compare the insurer’s estimate to the partner’s scope and raise differences with the insurer yourself.
- Choose a contractor. No obligation. Any contract should carry the §27.02 notice. Pay the deductible by check or card for proof.
- Work, invoice, photos. The invoice releases recoverable depreciation.
The partner roofer pays us a referral fee on completed jobs. You never pay us, and the fee doesn’t change your price.
FAQ
What not to say to an insurance adjuster about a roof?
Avoid “it’s been leaking for years,” “the roof was already old,” and “we were going to replace it anyway.” Each hands the adjuster a wear or maintenance argument. Describe what you see, give the storm date, and do not sign a contractor’s paperwork on the visit day.
How long does it take for a roof claim to be approved?
Under Insurance Code §542.055 and §542.056, your insurer has 15 days to acknowledge and start investigating, then 15 business days after it has everything it requested to decide, extendable to 45 days with notice. Add 15 days after a declared weather catastrophe. Payment on an accepted claim is due within 5 business days (§542.057).
Is it illegal for a roofing company to pay or waive your deductible?
Yes, in Texas. Business & Commerce Code §27.02 prohibits a contractor from paying, waiving, absorbing, rebating or crediting an insured’s deductible without the insurer’s consent, and makes it a Class B misdemeanor (tightened in 2019 by HB 2102). Your insurer can also withhold the depreciation payment until you prove you paid it (Insurance Code §707.004). A roofer who “waives” it usually makes it back by inflating the scope or cutting materials. Walk away.
How to get insurance to pay for roof replacement in Texas?
Have the damage documented with dated photos and hit counts, file promptly with the storm date, be present for the adjuster, and compare the insurer’s written scope against an independent line-item scope. If the numbers are far apart and coverage is not in dispute, invoke your policy’s appraisal clause (SB 458). If the claim is denied, HB 2067 entitles you to a written reason. None of this is something a roofer can do for you.
Should I let the roofing company handle the claim?
No, because in Texas it is not allowed to. Insurance Code §4102.163 bars a contractor from adjusting a claim on a property it works on. A roofer can legally inspect, document, meet the adjuster at your request, and give you a scope. If you want a professional to negotiate, hire a licensed public adjuster who is not your roofer.
What is the ACV of a 20 year old roof?
Often close to zero. TDI’s example shows a $10,000 roof paying $4,500 at 5 years, $3,000 at 10 years and $0 at 20 years after a $4,000 deductible under an actual-cash-value schedule. The exact curve is in your policy. If your roof is near 20 and on an ACV schedule, a planned replacement may be the better path.
Questions about a claim?
Call or text (512) 000-0000, email hello@austinroofs.com, or request an inspection. Austin Roofs is a referral service, not a roofing contractor. Your inspection and estimate come from our partner roofer, an independent contractor. For claim disputes, contact TDI’s consumer help line or an attorney.