Short answer: you generally have two years from the date of the storm to file a Texas roof insurance claim — not two years from when you noticed the damage. It is illegal for a roofing contractor to waive, absorb, or rebate your deductible. And under Texas law, your roofer cannot negotiate your claim with your insurance company, no matter what the guy who knocked on your door after the last storm told you.
That third one surprises people most, so we’ll be direct about it: there are things you may want us to do that we are legally not allowed to do. Here’s the whole picture, with the statutes, so you can check it yourself.
The deadline: two years, and the clock starts at the storm
Texas Insurance Code §542A.003 sets the limitations period for residential property damage claims from forces of nature — hail, wind, tornado, lightning, flood — at two years from the date of loss.
The date of loss is the date the storm happened, confirmed by weather data. Not the date you found the stain on the ceiling. Not the date a roofer climbed up and told you what he saw. Not the date the leak started.
If a hailstorm crossed McLennan County on May 12, 2025, your deadline is May 12, 2027 — even if you didn’t discover the damage until 2026.
Two things make this tighter than it sounds:
Your policy may impose a shorter window. Many Texas policies require prompt notice of a loss, separate from the statutory limitations period. Late notice can be grounds for denial on its own. Read your policy’s reporting requirement, not just the statute.
The pre-suit notice eats 61 days. If your claim is denied or underpaid and you end up needing to sue, Chapter 542A requires written notice to the insurer at least 61 days before filing. That waiting period does not pause the clock. Practically, your real deadline is about two months earlier than the calendar says.
The lesson isn’t “you have plenty of time.” It’s the opposite: get the roof looked at after the storm, not after the ceiling stains.
The deductible: it is not negotiable, and offers to waive it are a crime
Texas Insurance Code Chapter 707 states plainly that a person insured under a property policy shall pay the deductible on a first-party claim.
The Texas Department of Insurance is blunt about what that means for contractors: it is illegal for a contractor to offer to waive, rebate, or absorb a policyholder’s deductible. Violations are a criminal offense, not a technicality — first offenses are prosecutable as a Class B misdemeanor.
The law also requires that contracts of $1,000 or more involving an insurance settlement include a notice that the policyholder must pay the deductible, and it allows insurers to request proof that you actually paid it.
So when a contractor says “don’t worry about your deductible, we’ll take care of it” — three things are true at once:
He is offering to commit a crime.
He is asking you to participate in one.
The money has to come from somewhere. It comes out of your roof — thinner underlayment, skipped flashing, fewer nails per shingle, or an inflated invoice to your carrier. Nobody absorbs $4,000 out of goodwill.
If someone offers this, you can report it to the Texas Attorney General at 800-621-0508.
The part most roofers won’t tell you: we can’t negotiate your claim
This is the section that costs us business to write, and we’re writing it anyway.
In 2013, the Texas Legislature passed House Bill 1183, adding §4101.251 and §4102.163 to the Insurance Code. Together they draw a hard line:
An insurance adjuster may not adjust a roofing loss if they’re also a roofing contractor or have a financial interest in a roofing business.
A roofing contractor may not act as a public adjuster, or advertise to adjust claims, for any property where they are providing or may provide roofing services — regardless of whether the contractor holds a public adjuster license.
The logic is straightforward: the person who profits from the repair shouldn’t be the one deciding what the claim is worth.
This was tested and upheld. In Texas Department of Insurance v. Stonewater Roofing, a roofing company challenged these provisions as a violation of free speech. The Texas Supreme Court rejected the challenge and dismissed the case. The law stands.
What that means in practice…
A Texas roofer legally cannot:
- File your claim for you
- Negotiate the settlement with your carrier
- Tell your insurer they represent you, or speak for you on coverage
- Advertise that they’ll “handle your claim,” “recover every dime you’re owed,” or help you “avoid incorrect settlement pricing” — TDI lists all three as improper
A Texas roofer legally can:
- Inspect your roof and photo-document the damage before you file
Give you a written estimate and detailed scope of work - Be present when the adjuster inspects, point out documented damage, and answer technical questions
- Explain what the carrier’s scope does and doesn’t include, so you can raise it yourself
- Do the actual work
That fourth one matters more than people realize. We can’t argue with your adjuster — but we can make sure you understand what’s on the estimate and what’s missing from it, so you can.
If a contractor’s pitch is that they’ll fight the insurance company for you, that pitch is illegal. It’s also the single most reliable indicator you’re talking to a storm chaser rather than a local company that’ll be here in ten years.
One more thing Texas doesn’t do: license roofers
The Texas Department of Licensing and Regulation does not license roofing contractors. There’s no state exam, no required registration, no mandatory insurance. As the Roofing Contractors Association of Texas puts it, anyone can call themselves a roofer in Texas.
That’s why the vetting falls to you. What actually exists:
RCAT licensing — a voluntary program requiring two years’ experience, a fixed Texas business address, proof of financial responsibility and insurance, and a passed exam
Manufacturer certifications — like IKO RoofPro or Craftsman Premier, which require verified installation standards and unlock better warranties
Local registration — some Texas cities require contractor registration to pull permits, though requirements vary by jurisdiction
Ask for proof of general liability and workers’ compensation. Texas doesn’t require private employers to carry workers’ comp — and if an uninsured crew member is hurt on your roof, that can become your problem.
The claim sequence that actually works
Get documented first. Have a roofer inspect and photograph the damage before you call your carrier, so a written record exists that predates the claim.
You file the claim. Directly with your insurer. Not your contractor — that’s the part the law reserves for you.
The carrier sends an adjuster. Have your contractor on site to walk the roof with them and answer technical questions.
Review the scope. The carrier produces an itemized estimate. Compare it line by line against your contractor’s scope, and raise any gaps with the carrier yourself.
Pay your deductible. It’s required, and your insurer can ask for proof.
Work gets done. On a replacement cost policy, recoverable depreciation is typically released after completion.
Frequently Asked Questions
How long do I have to file a roof insurance claim in Texas? Texas Insurance Code §542A.003 sets a two-year limitations period from the date of loss for residential property damage from forces of nature, including hail and wind. The clock starts on the date of the storm, not the date you discovered damage. Your policy may also require prompt notice, which can be a shorter deadline.
Can a roofer waive my insurance deductible in Texas? No. Texas Insurance Code Chapter 707 requires the policyholder to pay the deductible, and it is illegal for a contractor to pay, waive, rebate, or absorb it, or to advertise that they will. Violations can be prosecuted as a criminal offense. Contracts of $1,000 or more involving an insurance settlement must include notice that the policyholder must pay the deductible.
Can my roofing contractor negotiate with my insurance company in Texas? No. Under Texas Insurance Code §4102.163, a roofing contractor may not act as a public adjuster or advertise to adjust claims for any property where they are providing roofing services, regardless of whether they hold a public adjuster license. The Texas Supreme Court upheld this in Texas Department of Insurance v. Stonewater Roofing. Contractors can inspect, document, estimate, and be present during the adjuster’s inspection.
Do roofers need a license in Texas? No. The Texas Department of Licensing and Regulation does not license roofing contractors, so there is no state exam or registration requirement. The Roofing Contractors Association of Texas offers a voluntary licensing program, and some cities require local contractor registration for permits.
What is the 61-day pre-suit notice in Texas? Under Chapter 542A, a policyholder must give the insurer written notice at least 61 days before filing suit over a weather-related property claim. The notice must state the acts complained of, the amount alleged owed, and attorney’s fees incurred. This period does not pause the limitations clock.
Should I file a claim for minor hail damage? Not always. Texas wind and hail deductibles are commonly 1–3% of your dwelling limit — $4,000 to $12,000 on a $400,000 home. If the damage falls below that, filing produces no payment and still puts a claim on your record. Get an honest inspection first and find out whether the damage clears your deductible.
We’ll tell you what we see, and what we can’t do
Montgomery Roofing has worked Central Texas roofs from Lorena since 1995. We’ll inspect, document, and give you a written estimate at no cost — and we’ll tell you honestly if the damage doesn’t justify a claim.
What we won’t do is promise to fight your carrier for you. That’s not modesty. It’s the law, and anyone promising otherwise is telling you something about how they do business.
Call 254-655-1024 or schedule a free inspection.
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General information, not legal or insurance advice. Statutes and policy terms change and vary — confirm specifics with your agent or an attorney.