Public Adjuster vs. Contractor: Who Can Help With Your Claim

Two jobs that often show up at the same door

After a storm or a leak, the first person on your property is often a roofer or a water mitigation crew. They are fast, they know construction, and you need what they do. Then the claim paperwork starts, and it is easy to let the same person run that too.

Florida law draws a line between the two jobs. Repair work belongs to licensed contractors. Claim work, meaning preparing, presenting and negotiating an insurance claim for pay, belongs to the policyholder, a licensed public adjuster or an attorney. Knowing where that line sits protects you and the contractor.

None of this means a contractor is doing something wrong by talking about your claim. It means the conversation has a limit. A contractor’s bid and the insurer’s estimate often differ, and sorting out that gap is claim work, not repair work.

What a contractor can do on your claim

Contractors play a real part in most property claims. Under Florida law, a licensed contractor may:

• Inspect the damage and write a bid for the repair or replacement.
• Suggest you contact your insurer to find out whether the proposed repair is covered (s. 626.854(16)).
• Discuss or explain the bid with you or with your insurer, for the usual and customary fees in the contract for the work (s. 626.854(16)).
• Do emergency protection work and the permanent repairs.

There are guardrails on the paperwork. Before you sign an agreement authorizing repairs under a property insurance claim, the contractor must give you a good faith estimate of the itemized and detailed cost of services and materials (s. 489.147). A residential roof contract must tell you, in bold type, to contact your insurer to verify coverage before you sign. If the roof contract was signed within 180 days of a declared state of emergency for your area, you may cancel within 10 days after signing or by the official start date, whichever comes first.

What a contractor may not do

Under s. 489.147(2)(d), a contractor may not interpret policy provisions, advise you about your coverage or duties under the policy, or adjust a property insurance claim for you, unless the contractor holds a public adjuster license. Section 626.854(16) adds that a licensed contractor may not advertise, solicit, offer to handle, handle or perform public adjuster services without being licensed and compliant as a public adjuster. More broadly, s. 626.854(20) says only an attorney or a licensed and appointed public adjuster may, for pay, prepare or file your claim or negotiate its settlement, except as the law otherwise allows.

Section 489.147 also bars contractors from:

• Offering a rebate, gift, gift card, cash, coupon, waiver of your deductible or anything of value in exchange for a roof inspection or for making a roof claim.
• Paying or receiving compensation for referrals of work paid with insurance proceeds.
• Soliciting with roof-claim advertising that leaves out required warnings, including that you are responsible for your deductible.

One more change matters here. For residential and commercial property policies issued on or after January 1, 2023, you cannot assign your post-loss insurance benefits to a contractor; an attempt is void (s. 627.7152(13)). The details are in the guide to the assignment of benefits ban.

Who does what on a Florida property insurance claim

What a public adjuster does

Florida defines a public adjuster as a person who, for pay, prepares, completes or files an insurance claim for an insured, or helps the insured negotiate the settlement (s. 626.854(1)). Public adjusters are licensed by the Department of Financial Services, and you can look one up in the DFS licensee search.

On residential and condo unit owner claims, the statute adds rules that keep the two roles separate. The public adjuster must give you a written, itemized, per-unit estimate of the loss within 60 days after the contract. The public adjuster may not take a contract or power of attorney that gives them authority to choose who does your repair work. You keep that choice.

A public adjuster may not give legal advice or handle claims for bodily injury, death or noneconomic damages (s. 626.854(3)). Fees are set by contract within ceilings in the same statute; the public adjuster cost guide walks through them. Adjusterman is a licensed Florida public adjusting firm (DFS license W913130); the steps we follow are on our process page.

Where an attorney fits

Neither a contractor nor a public adjuster can give you legal advice. When the question becomes a legal one, a Florida attorney handles it. Examples include whether an agreement you already signed is valid, a denial of coverage on legal grounds, pre-suit notice, or a lawsuit. The comparison of public adjusters and attorneys explains how those roles differ.

Even before 2023, Florida’s assignment law said an assignment agreement does not give anyone authority to adjust, negotiate or settle a claim if they are not otherwise authorized to do so (s. 627.7152(6)). Signing a contractor’s form never turned the contractor into your adjuster.

Choosing who to call first

Many claims need only you, your insurer and a good contractor. If the damage is modest, the insurer’s estimate matches your contractor’s bid, and payment arrives on time, there may be nothing for anyone else to do.

A public adjuster tends to help when the loss is large or complex, when the insurer’s scope leaves out damage your contractor found, or when you do not have time to manage the claim. If you have covered damage and are unsure, a free claim review can help you decide; it is one of the options in do you need a public adjuster. To start one, use the claim submission page.

Whoever you hire, check the license first. Contractors are licensed by the Department of Business and Professional Regulation (DBPR license search). Public adjusters are licensed by DFS. For emergency work before the inspection, see temporary vs. permanent repairs.