Originally posted by @Kieran Donahue:
Unfortunately waiving the deductible is perfectly legal. Another falsehood spread by the roofing industry. Quote - “A situation in which a person providing a good or service does not seek payment from an insured of the amount of his insurance deductible does not constitute a criminal offense under section 27.02(a) of the Business and Commerce Code.” - End Quote
Hey Kieran,
Not to get too into the weeds but you posted a questions asking for advice/help. When you received mine, you immediately denounced it as "another falsehood spread by the roofing industry". As stated in my original response I have never worked in a state where it was legal. There may be some states where it is, but I have not come across them in my travel.
I live in GA and I pulled this from the GA Insurance Commissioner's website, not from my rear end. Again, just trying to help answer your question, I am sorry that you did not see it that way and wish you the best of luck with your repairs.
"It has come to my attention that some roofing contractors operating in the State of Georgia are offering to waive or rebate homeowners’ insurance deductibles. I am issuing this bulletin to address frequently asked questions related to this practice, and to advise public adjusters, roofing contractors, and homeowners of the applicable laws. Must anyone who negotiates with an insurance company or files a claim with an insurance company on behalf of insured homeowners in this state be licensed as a public adjuster? Yes. Any person who agrees to represent a person who is insured under a homeowner’s policy and who files a claim or negotiates with an insurance company on behalf of a Georgia homeowner must be licensed as a Georgia public adjuster. This includes roofing contractors who file insurance claims or negotiate with insurance companies on behalf of homeowners.1 May a public adjuster waive or rebate a homeowner’s insurance deductible? No. Pursuant to O.C.G.A. §33-23-43, a public adjuster may not pay the insured any form of compensation (directly or indirectly) or give any allowance or discount against the fees to be charged.
1Pursuant to O.C.G.A. §10-1-393.12, a residential roofing contractor shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of roof systems unless the residential roofing contractor is licensed as a public adjuster under Chapter 23 of Title 33.May a roofing contractor (who is not filing a claim or negotiating with an insurance company on behalf of a homeowner) waive or rebate the homeowner’s insurance deductible? A roofing contractor and a homeowner may both be in violation of Georgia law if the homeowner submits a contractor’s quote to the insurance company seeking full payment of the quoted amount, knowing that the actual cost to the homeowner will be less than the contractor’s quote. See O.C.G.A. §33-1-9(a)(1)(B)."
https://www.oci.ga.gov/ExternalResources/Announcem...