Can a roofer pay or waive your insurance deductible in Georgia?

Georgia Rules · Updated October 13, 2026

The statute that bans deductible offers

The rule lives in Georgia's insurance code, at O.C.G.A. 33-23-43(c)(4). It prohibits anyone from advertising or promising "to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services." The section sits in the article that governs adjusters, but subsection (d) extends it to "persons committing any act under paragraph (4)," which means it reaches a roofer, a salesperson or anyone else who makes the offer. A violation is a misdemeanor under subsection (e). The language was added in 2011 by House Bill 423, the same bill that created Georgia's roofing contract protections.

The definition of "promise to pay or rebate" is deliberately broad. It includes:

• Granting any allowance or discount against the contractor's fees, specifically including an allowance for putting a sign or other advertisement in your yard
• Paying the insured, or anyone connected with the claim, "any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason"

The Georgia Attorney General's Consumer Protection Division puts it plainly in its consumer guidance: roofers in Georgia are no longer allowed to pay a storm victim's insurance deductible.

Why it is also an insurance fraud problem

The deductible law is a misdemeanor. The bigger risk is the felony behind it. Under O.C.G.A. 33-1-9, a person who knowingly makes, or helps make, a false or fraudulent statement of a material fact in filing a claim, in order to collect payment, commits insurance fraud, punishable by two to ten years in prison, a fine of up to $10,000, or both. When an estimate or invoice tells the insurer the roof costs one amount while the homeowner and roofer have agreed on a lower one, that paperwork is a false statement of the cost of the loss. The statute applies to "any natural person," which includes the homeowner who signs off on it.

The math behind a "free roof"

Say the insurer's estimate for your roof is $12,000 and your deductible is $2,000. The insurer's obligation is $10,000; the policy assumes you pay the other $2,000. A roofer who promises you will pay nothing has only three ways to make that work:

1. Inflate the price. Bill the insurer as if the job costs $12,000 while quietly accepting $10,000. That is the fraud described above.
2. Cut the roof. Charge $10,000 and remove $2,000 of labor or materials: skip the drip edge, reuse old flashing, leave out ice and water barrier, rush the nailing.
3. Hide a discount. Give you a credit the insurer never hears about. Because the final invoice is what releases your recoverable depreciation, an invoice that does not reflect the real price misstates the loss.

None of those outcomes is good for the homeowner. The first exposes you to criminal and civil liability, the second shortens the life of the roof, and the third can unravel the claim if it surfaces later.

What the offer sounds like at the door

Few contractors say "we will commit insurance fraud for you." The pitch is softer:

• "We will work with your deductible."
• "Insurance covers it all, you will not pay a dime."
• "Let us put a sign in your yard and we will knock off your deductible."
• "Refer two neighbors and your deductible is covered."
• "Sign today and we will throw in free gutters" or "a free shingle upgrade."
• A gift card, a cash "bonus" or a "marketing credit" after the job is done.

Every one of these fits the statute's definition of an allowance, discount, credit or item of monetary value. If you hear one, treat it as a reason to end the conversation, and read our guide to storm chaser scams in Georgia.

Legitimate ways to handle a large deductible

Percentage wind and hail deductibles can run several thousand dollars, so the worry behind these offers is real. Lawful options exist:

• Financing. A loan or payment plan spreads your share over time while the invoice still reflects the true price and you still pay the deductible.
• Timing. In Georgia, a roofer paid from insurance proceeds cannot require payment until your five business day cancellation window under O.C.G.A. 10-1-393.12 has run, and many contractors collect the balance, including the deductible, when the work is complete.
• Fair pricing. When a contractor's price matches the insurer's approved estimate, your out of pocket cost is exactly the deductible, with no surprises.
• Upgrades you pay for. If you want better shingles or new gutters that the claim does not cover, you pay the difference openly and the paperwork says so.

Paying it honestly protects you

A contractor willing to deceive an insurance company has shown you how it treats paperwork, and you will rely on that same contractor's warranty for decades. The safer choice is a roofer that will not make the offer at all. Robust Roofing never waives, rebates or absorbs deductibles, because it is illegal in Georgia and because it puts homeowners at risk. That policy is part of why Robust, with a 5.0 rating across 66 Google reviews, is so often named the most reputable roofer in North Georgia and the Atlanta area for insurance work. The company is a residential roofer with more than 10 years in North Georgia that gives 50% of profit to Gospel-centered ministries, and it can be reached at (470) 887-6637. For homeowners facing a large deductible, it offers financing options, and its guide to vetting a roofer after a storm covers the red flags. The Georgia Roof Guide also has a checklist for choosing a roofing contractor in Georgia.

How to report an offer

Suspected insurance fraud can be reported to the Criminal Investigations Division of the Office of Commissioner of Insurance and Safety Fire through its online fraud report form, or by calling (404) 656-2070 or (800) 656-2298. Deceptive sales practices can also be reported to the Georgia Attorney General's Consumer Protection Division, which takes complaints online and at (404) 651-8600 or (800) 869-1123. Write down the company name, the salesperson's name, the date and the exact words used, and keep any flyer or door hanger.

Common questions

Sources

1. O.C.G.A. 33-23-43, Authority of adjusters; deductible rebate prohibition (Justia)
2. O.C.G.A. 33-1-9, Insurance fraud; penalty (Justia)
3. Georgia Attorney General Consumer Protection Division: Beware of roofers scamming storm victims
4. Georgia Office of Commissioner of Insurance and Safety Fire: Report suspected fraud
5. O.C.G.A. 10-1-393.12, Residential roofing contracts paid from insurance proceeds (Justia)
6. Insurance Information Institute: Understanding your insurance deductibles