It’s a question we hear all the time: Do I really have to pay my insurance deductible after a roof claim?
The answer is yes — and it’s the law.
As of Texas House Bill 2102, passed in 2019, it’s illegal for a contractor to waive, absorb, or rebate your deductible. That means if someone tells you they can “take care of it” — it’s a red flag, and it’s likely insurance fraud.
Here’s what every homeowner in Texas needs to know.
What Does “Waiving the Deductible” Actually Mean?
Some roofing contractors might say they’ll cover your deductible by inflating their estimate to match what the insurance company is paying. Others offer “credits” or “rebates” in the amount of your deductible.
Sounds tempting, right?
But here’s the problem: It’s illegal. Contractors who do this are usually submitting false or misleading information to your insurance company. That’s fraud — and you could get caught up in it.
What’s the Risk?
Working with a contractor who’s willing to break the law puts you at risk too.
Here’s why:
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Insurance companies can request proof that you paid your deductible (a check, receipt, or payment record).
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If they don’t see it, they can refuse to release the final payment.
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If fraud is involved, you could lose coverage or face legal issues.
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Fly-by-night roofers that cut corners to “absorb” the deductible often use cheap materials or skip key parts of the install.
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These companies are rarely around to fix problems later — and that leaves you on the hook.
What Does Texas Law Say?
Texas HB 2102 makes it crystal clear:
“A person insured under a property insurance policy shall pay any deductible applicable to a first-party claim under the policy.”
Contractors must also include this exact statement in their contracts. If they don’t — or if they offer to help you avoid the deductible — they can be fined or even jailed.
How Will My Insurance Company Know?
Insurance companies are now allowed to ask for proof that you paid your deductible before issuing the final check (like depreciation payments on an RCV policy). You may need to provide:
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A canceled check or bank statement
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Credit card receipt
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Signed payment plan with your contractor
Bottom line: They’re checking. So don’t take shortcuts.
What Should I Do if a Contractor Offers to Waive My Deductible?
Simple — walk away. Then call your insurance carrier or report it to the Texas Attorney General’s Consumer Protection Hotline at 800-621-0508.
At US Prime Roofing, we do things the right way. We’ll explain the process, help you plan for deductible payment, and work with your insurance provider — all without risking your policy, your home, or your peace of mind.
Final Thoughts
Paying your deductible isn’t optional — it’s required by law in Texas. Any contractor who says otherwise isn’t just bending the rules — they’re breaking them.
Don’t risk your insurance coverage or the quality of your roof. Work with a contractor who respects your home, your claim, and the law.
Need help understanding the process? Contact US Prime Roofing today. We’ll walk you through it — the legal and honest way.