Public adjuster vs. DIY claim decision helper

01Problem

A public adjuster (PA) is a state-licensed representative who works for the insured on a first-party property claim. Staff and independent adjusters work for the insurer. In Texas the PA’s percentage can be charged on the entire settlement, not the increase. TDI consumer tip (Mar 25, 2025): if the company wants to pay $100,000 and you are disputing $20,000, a PA at the 10% cap could charge $10,000 — even if the offer does not move. Florida is the opposite on pre-contract money: 0% of amounts paid or agreed before the PA contract, and the fee cannot be calculated on the deductible.

02Intake

Declarations, full policy, DOL, peril, claim number, every estimate and check; current offer (RCV, ACV, holdback, deductible).
Competing contractor or engineer estimate; whether coverage is admitted, partially denied, or fully denied.
State of the property and of the PA’s license; proposed contract (fee %, base, cancel clause, 18-point/12-point notices).
Emergency/disaster flag (Florida 10% vs 20%); whether the insurer already paid or committed to limits (TX 72-hour carve-out; FL 1%/14-day).
Mortgagee name; joint-payee checks.

03Playbook

01
Confirm you actually need a PA. DIY-first: contractor estimate in; engineer if causation is disputed; appraisal if coverage is admitted and the fight is amount (skill 1). Hire a PA when the estimate gap is large relative to the fee cap, the loss is complex (fire, major water, hurricane matching/code), you cannot produce an Xactimate-quality estimate, and coverage is at least partially admitted. A PA cannot turn excluded flood into covered wind. Neither can appraisal.
02
License lookup before any fee conversation. TDI Help Line 800-252-3439 (license, complaints, discipline). Florida DFS license search; CDI; NY DFS; Georgia OCI. A PA selling the roof, or a contractor advertising that they will “handle the insurance,” is a licensing problem (Tex. Ins. Code § 4102.158: PA may not participate in reconstruction; contractors cannot advertise that they will handle the claim).
03
Read the cap for this state and this date of loss. Ceilings, not recommended prices. Negotiate the base (new money vs entire settlement). Florida § 626.854(11): 10% in the year after a declared emergency for that emergency; 20% otherwise; 1% if the insurer pays policy limits within 14 days after DOL or 10 days after the PA contract, whichever later; 0% of amounts paid or agreed before the contract; fee may not be based on the deductible. Cancel: 10 days (emergency: longer of 30 after DOL or 10 after execution). Texas § 4102.104: ≤ 10% of the insurance settlement (TDI: can be on the total; you may still owe if the offer does not move); 72-hour limits carve-out; FIN535; 72-hour rescission. NY 11 NYCRR 25.7: 12.5% after retention; 3-business-day cancel. GA § 33-23-43.3: 33.3% ceiling. CA § 15027: no statutory % cap; AB 597 not enacted; 3-business-day cancel. Worked numbers in Formulas.
04
Run break-even before signing. If fee is on new money, any increase is mostly yours. If fee is on the entire settlement (Texas default unless you negotiate), a PA is a net loss until the offer moves past the break-even in Formulas. Close numbers → DIY.
05
Negotiate the base, not just the percent. Fee only above the written offer on the contract date (Florida already forces 0% on pre-contract money; NY is after retention; Texas does not force this). Dollar cap. Fee not taken from the first check so you can start repairs. TDI tells Texans they can put the fee in dollars.
06
Coverage first, then appraisal. ISO / Tex. Ins. Code § 1813.004: appraisal is amount of loss only (u/SAA_28 holds up). A PA who wants to “invoke appraisal tomorrow” on a partial denial is skipping coverage.
07
The carrier may stop talking to you. 30-day X post (@CoffeeJointTV): Heritage refused to talk after a PA was hired — community-reported, not a statute. Keep your own copies. A Texas PA cannot lawfully stop you from talking to your insurer (TDI).
08
Cancel in the window if the contract is wrong. FL 10 days (emergency: longer of 30 after DOL or 10 after execution). TX 72 hours. NY/CA 3 business days. Contract method and certified mail.
09
No Florida AOB. § 627.7152(13): void on policies issued/renewed on/after Jan 1, 2023. A PA contract is not an AOB and must not be rewritten as one.
10
DIY still does the PA’s work: line-item estimate, matching/code/O&P, claim-file demand, prompt-pay clocks, refuse full-and-final (skill 1). Advantage is software and time, not a secret statute.
11
Fire a PA in writing if the relationship is bad; notify the carrier the PA is no longer authorized; demand the file back. Florida 0% still protects pre-contract payments; earned fee on post-contract new money may be owed.
12
Do not stack percentage fees. Appraisal = amount, each side pays its appraiser. PA = percentage of the claim. Lawyer = coverage/bad faith (FL 624.155 CRN; TX 541/542; CA 790.03) or a third-party limits file (skill 17). 10% PA + 33% lawyer on the same dollars consumes the recovery.

04Checklists