When you make an insurance claim for property damage, you need someone by your side to guide you as the claim progresses. Your two main options in Texas are to hire an attorney or a public adjuster.
Different rules and regulations apply to each, but public adjusters practice in accordance with Texas state statutes and cannot take on certain tasks or practice law. Lawyers, like our attorneys at Kirk Law Firm, PLLC, can provide a wider range of legal services on your behalf.
The Role and Limits of Public Adjusters
Public adjusters are generally experienced with the claims handling process. Texas Insurance Code Section 4102.051 requires public adjusters to have a current license, which can only be issued after an applicant shows their knowledge of property valuation, insurance contracts, and property damage under Section 4102.053.
With the proper license, a public adjuster can negotiate the settlement of a claim for property damage on behalf of an insured person, but their authority does not extend beyond that purpose. For example, public adjusters cannot practice law (Section 4102.156), cannot have a conflict of interest (such as an interest in a repair or salvage firm benefitting from the claim) (Section 4102.158), or make any referral to another professional for a fee (Section 4102.164).
The help you get from an adjuster will be limited. An adjuster can investigate the facts surrounding property damage and a person’s losses, but they cannot represent a claimant in a lawsuit against an insurer or give legal advice because they do not have a license to practice law.
How a Lawyer Can Help with a Property Damage Claim
Lawyers hold a state bar license, and they can engage in legal services for an insured person in relation to their claim. A lawyer can interpret an insurance contract, determine possible liability and damages, give advice to a client regarding their rights and ability to pursue a lawsuit, and represent a client in any such legal proceeding.
A lawyer can also advise a client on whether to accept a settlement offer or to pursue legal action. The role of a public adjuster remains limited to the process of making a claim with an insurance company, not defending a client’s other legal rights and remedies.
Contact an Attorney when a Public Adjuster Cannot Help with Legal Issues
In a typical property damage scenario, a public adjuster provides only limited help when you need to communicate with the insurance company. When legal issues arise concerning your claim, however, they might not be able to help.
Instead, a lawyer could provide you with crucial advice on how to settle your claim or take other legal action when necessary. Our attorneys at Kirk Law Firm, PLLC bring years of experience from across the state of Texas in property damage and insurance matters. Call today and get answers to any of your claim-related questions.
