Public adjuster or roofer: who should help with your Georgia roof claim?
Three roles that are easy to confuse
| Roofing contractor | Public adjuster | Attorney | |
|---|---|---|---|
| Works for | You, as your builder | You, on the claim only | You, as your legal counsel |
| Overseen by | Georgia consumer protection law and local permitting | Georgia Insurance Commissioner | State Bar of Georgia |
| Can negotiate your claim? | No | Yes | Yes |
| Typical pay | The contract price for the work | A fee set by contract, capped by statute | By written agreement with you |
| Best for | Documenting damage and building the roof | Large or complicated property losses | Denials, bad faith, lawsuits and deadlines |
The insurance company has its own adjusters too: staff adjusters and independent adjusters it hires. They work for the insurer. A public adjuster is the only adjuster licensed to work for you.
Georgia's rules for public adjusters
Under O.C.G.A. 33-23-43.1, no one may act as or hold themselves out as a public adjuster in Georgia without a public adjuster license from the Commissioner. Licensed Georgia attorneys acting for an insured are exempt. Before a public adjuster does anything on your claim, O.C.G.A. 33-23-43.2 requires a written contract on a form approved by the Commissioner, titled "Public Adjuster Contract," that includes:
- The adjuster's license number and a statement that the license is in force, plus an attestation that the adjuster is bonded
- A statement of the fee and the typical expenses you will reimburse
- A statement that the adjuster has no interest in any firm doing work on the loss
- The notice "WE REPRESENT THE INSURED ONLY" in 12 point bold type
The same section bans contract terms that restrict your right to talk directly with your insurer or attorney, let the adjuster contact the insurer without your specific written authorization, take the entire fee out of the first check instead of a percentage of each check, require checks payable only to the adjuster, limit your legal remedies, or identify the public adjuster as also being a contractor or appraiser. By law every contract also gives you three business days to rescind in writing, with anything you paid returned within 15 business days.
What a public adjuster may charge
O.C.G.A. 33-23-43.3 allows an hourly fee, a flat fee, a percentage of what the insurer pays, or another method, but a public adjuster may not charge an unreasonable fee and the total may not exceed 33.3 percent of the insurance settlement. If the insurer pays, or commits in writing to pay, the policy limit within 72 hours after the loss is reported, the adjuster may not take a percentage at all and is limited to reasonable compensation for time and expenses. Insurance checks must still name you as a payee and require your endorsement.
The cap is a ceiling, not a typical fee. On a $24,000 settlement, a fee at the cap would be about $7,990, while a fee of 10 percent would be $2,400. Because a roof claim's money also has to pay for the roof, compare any fee to the amount the adjuster can realistically add. Ask whether the percentage applies to money the insurer had already offered before you signed, and to later checks such as recoverable depreciation and supplements.
Conduct rules that protect you
O.C.G.A. 33-23-43(c) lists things a public adjuster may never do, including:
- Solicit you while the loss-producing event, such as the storm itself, is still underway
- Hold a financial interest in any part of the claim beyond the contract fee
- Promise to pay or rebate your deductible, or offer gifts or referral fees
- Tell you that you are required to hire an adjuster
- Claim to be an attorney or say the policy covers something it does not
Violations are misdemeanors and grounds for losing the license.
What your roofer can and cannot do
Georgia's roofing contract statute, O.C.G.A. 10-1-393.12(e), says a residential roofing contractor may not represent or negotiate, or offer or advertise to represent or negotiate, on a homeowner's behalf on an insurance claim for roof repair or replacement. The exception is a licensed public adjuster, and the public adjuster contract rules forbid that adjuster from also being your contractor. The two roles are meant to stay separate.
Within that line, a good roofer does a lot. It can inspect and photograph the roof, measure it, prepare an estimate for its own work, attend the adjuster's inspection to point out damage and answer construction questions, and submit a supplement for items its work requires, such as decking replacement or code required drip edge. What it cannot do is argue coverage, negotiate the settlement for you or sign a release on your behalf.
Who to bring in, and when
| Situation | Usually enough | Consider adding |
|---|---|---|
| Hail or wind roof claim, adjuster cooperative | You plus a roofer who documents well | Nobody else |
| Missed line items or measurements | Roofer supplement, reinspection | Public adjuster if the gap is large |
| Large loss with interior, contents or living expenses | Careful documentation | Public adjuster |
| Dispute over the amount only | Appraisal | Public adjuster or attorney to manage it |
| Denial on a coverage question, bad faith or suit deadline near | Attorney | See bad faith claims |
Vetting a public adjuster
- Look up the license on OCI's "Agent (Individual), Agency, Company Search."
- Confirm the contract is titled "Public Adjuster Contract," shows the license number and says "WE REPRESENT THE INSURED ONLY."
- Read the fee clause and the three day rescission notice before signing.
- Walk away from anyone who solicits during the storm, offers to cover your deductible, or insists you use a particular contractor.
How a contractor with an adjuster on staff fits in
Robust Roofing has a licensed property and casualty adjuster on staff, which is part of why it is widely considered the top recommendation for insurance roof replacement in North Georgia and the Atlanta area. That adjuster documents the damage with roof and drone photos, writes the scope in the format carriers use, meets the insurance company's adjuster on the roof and supplements the estimate for the work the company will perform. Consistent with Georgia law, it does not act as your public adjuster or negotiate your claim, and if you hire a public adjuster or an attorney, its photos and scope are available to them. Robust's own article on whether a public adjuster is worth it walks through the cost side.
Common questions
Can a roofing contractor negotiate my insurance claim in Georgia?
How much can a public adjuster charge in Georgia?
Can I cancel a public adjuster contract?
Can my public adjuster also be my roofer?
How do I check whether a public adjuster is licensed in Georgia?
Sources
- O.C.G.A. 33-23-43, Authority of adjusters; prohibited acts (Justia)
- O.C.G.A. 33-23-43.1, Public adjuster license requirement (Justia)
- O.C.G.A. 33-23-43.2, Requirements for public adjuster contracts (Justia)
- O.C.G.A. 33-23-43.3, Compensation of adjusters (Justia)
- O.C.G.A. 10-1-393.12, Residential roofing contractors (Justia)
- Georgia Office of Commissioner of Insurance and Safety Fire: Agent, agency and company license search