Legalities regarding the representation of the client

Can anyone explain the legal ramifications when a contractor agrees to work with a customer to help them obtain insurance benefits resulting from a claim?

Specifically:

Is the contractor required to be a licensed claim adjuster or a lawyer to "represent" the homeowner in obtaining benefits?

Can a homeowner sign an agreement to let the contractor handle all correspondence, including the filing of the claim?

Thanks verified. I think I need to find out more about what an "adjuster" is, what they do. and where the line in the sand is.

In Texas you can discuss job scope and point out what may be damage - to the adjuster- on the HO behalf. You must walk the line between representing the Ho as their contractor and acting like a public adjuster. They are two very different but simulair jobs. You cant get paid for doing it, you can say insurance claims specialist, you can point out line items left off the scope of work as well as damages the adjuster may have missed. I dont believe you can call in the original claim but you can discuss supplements and job scope and pricing with the adj. and ins company once the claim has been filed and you have a contingency. You can profit from the job but not from the adjustment.

All adjusters are not alike. They are not all as willing to acknowledge the actual damage as you seem to be indicating. My own personal experience is this: an adjuster denied a claim on a roof that was clearly beaten up by hail. We called for a re-inspection and, viola, the same adjuster came out and approved the claim. What was the difference? She knew a qualified roofing contractor was looking out for the homeowners best interests.

Think of it this way: some adjusters have their companies interests first. Those adjusters are more likely to try to get something past a homeowner if they think the homeowner has never been on that roof or had a contractor up there. " I agree with what you're saying but in my experience this is less than 1% of the inspections that i've been present on.In other words 1 or 2 roofs out of 200 over the last year.We had a roof where the shingles were blown all over the lawn.We asked for 2 inspections they refused to pass it for wind damage.The HO asked again they sent an independent engineer.He said that was an installation error.the nails were driven too hard.the insurance co refused to pay even though we were there present and brought to their attention every bit of the damage.

Alba Said: .

insuranceroofer Said: When you are there with customer, have the insurance companies phone number and call the insurance company for them and then hand them the phone. Before, you hand them the phone tell the insurance company that you are the contract for the HO.

Roofing contractors mislead the HO regarding the approval of insurance claims.They try to make them believe that their claims wont be approved if a roofer isnt there.In my experience if the HO have damage the adjusters will buy the roofs if they dont they wont(sometimes they will).There is nothing a roofer can do.

I also don't agree.

All adjusters are not alike. They are not all as willing to acknowledge the actual damage as you seem to be indicating. My own personal experience is this: an adjuster denied a claim on a roof that was clearly beaten up by hail. We called for a re-inspection and, viola, the same adjuster came out and approved the claim. What was the difference? She knew a qualified roofing contractor was looking out for the homeowner's best interests.

Think of it this way: some adjusters have their companies interests first. Those adjusters are more likely to try to get something past a homeowner if they think the homeowner has never been on that roof or had a contractor up there.

I tell the truth about the condition of the roof. I don't feel a need to mislead. If I think the roof is 50/50, I say so. I say it like this: there is a 50/50 chance that your roof might be denied or bought. I'f I'm there at the time of the inspection, I might push your odds up to 60/50 or maybe 75/25. I can't guarantee anything but if the adjuster knows that a contractor is involved, they are not going to want to deny the claim, knowing that we will be asking for a re-inspection. If the re-inspection results in their superiors buying the roof, they will be a bit embarrassed.

I don't think that is misleading at all, given my actual experiences with the process.

Alba Said: .

insuranceroofer Said: When you are there with customer, have the insurance companies phone number and call the insurance company for them and then hand them the phone. Before, you hand them the phone tell the insurance company that you are the contract for the HO.

Roofing contractors mislead the HO regarding the approval of insurance claims.They try to make them believe that their claims wont be approved if a roofer isnt there.In my experience if the HO have damage the adjusters will buy the roofs if they dont they wont(sometimes they will).There is nothing a roofer can do.

.

insuranceroofer Said: When you are there with customer, have the insurance companies phone number and call the insurance company for them and then hand them the phone. Before, you hand them the phone tell the insurance company that you are the contract for the HO.

When you are there with customer, have the insurance companies phone number and call the insurance company for them and then hand them the phone. Before, you hand them the phone tell the insurance company that you are the contract for the HO.

CIAK Said: Goggle the state. Ask the question. B) ;) ;) B)

I was hoping someone had already thoroughly researched the issue.

I'll call my lawyer.

Goggle the state. Ask the question. B) ;) ;) B)

What makes someone a public adjuster? Is this a licensed profession in every state? Take a $299 online test and you're in business.

no,just someone who had to learn to follow their rules in order to sell. I'm an old dade co. roofer who went to selling roofs.

tico Said: often once you contact the ins. co. they will then tell you that you need to have the H/O contact them and make for record you are the contractor of choice.you then get the specific desk or fax for the ins. agent or adjuster.fax them your contingency contract,signed,naturally.Ive seen and done it myself added an adendum that stipulates that all claim contact for said contract be handled directly through you. some agencies have variables to this.eventually you will be able to portfolio this info for your salesman and they can then have each agencies criteria in their folders and be able to work simpler. their will always be co.s that will attempt to interupt this process.texas wind and farm bureau in texas,in ATL it was allstate,snake farm and Farmers.

Does this make you a "public adjuster"?

CIAK Said: A Public Adjuster works for the property owner, not the insurance company. Most policyholders do not know that the burden of proof of their claim is the HO. PAs charge a nice fee percentage for the service ..... Once a PA is hired the policyholder and insurance company cant communicate with each other . I want to add there is a shadow inventory in housing foreclosures that hasnt entered the market yet. Housing will drop in price after they dump them . The fed is holding them . It is going to get scary in the housing market.Prices I suspect 30% drop. Will this bring new repair business ??? Im still sticking to my story insurance companys if you like them or not are the future of this business.

What makes someone a "public adjuster"? Is this a licensed profession in every state?

often once you contact the ins. co. they will then tell you that you need to have the H/O contact them and make for record you are the contractor of choice.you then get the specific desk or fax for the ins. agent or adjuster.fax them your contingency contract,signed,naturally.I've seen and done it myself added an adendum that stipulates that all claim contact for said contract be handled directly through you. some agencies have variables to this.eventually you will be able to portfolio this info for your salesman and they can then have each agencies criteria in their folders and be able to work simpler. their will always be co.'s that will attempt to interupt this process.texas wind and farm bureau in texas,in ATL it was allstate,snake farm and Farmers.

A Public Adjuster works for the property owner, not the insurance company. Most policyholders do not know that the burden of proof of their claim is the HO. PA's charge a nice fee percentage for the service ..... Once a PA is hired the policyholder and insurance company can't communicate with each other . I want to add there is a shadow inventory in housing foreclosures that hasn't entered the market yet. Housing will drop in price after they dump them . The fed is holding them . It is going to get scary in the housing market.Prices I suspect 30% drop. Will this bring new repair business ??? I'm still sticking to my story insurance company's if you like them or not are the future of this business.