Making the Right Call: Should You Hire a Public Adjuster or a Property Attorney for Your Insurance Claim?
If your home or business in Texas has suffered damage—whether from a storm, fire, or plumbing disaster—you’re probably wondering, who should you call first? A public adjuster or an attorney? The right choice can mean the difference between a smooth claims process and a frustrating battle with your insurance company.
At YPA Public Adjusters, we know how overwhelming this process can feel. So, let’s break it down in a way that helps you take action with confidence.
What Does a Public Adjuster Do?
Think of a public adjuster as your personal insurance advocate. While the insurance company has its own adjusters looking out for their bottom line, a public adjuster works for you—helping you get the best possible settlement.
How Can a Public Adjuster Help You?
- We assess the damage – We document everything thoroughly so the insurance company can’t lowball your claim.
- We handle the paperwork – No more confusing forms or deadlines to worry about.
- We negotiate for you – Insurance companies often start with a low offer. We push back to get what you truly deserve.
Texas Public Adjuster Laws
- Public adjusters must be licensed by the Texas Department of Insurance (TDI).
- They cannot also act as contractors on the same claim to avoid conflicts of interest.
- Fees for public adjusters are typically capped at 10% of your settlement.
When Should You Call a Public Adjuster First?
- Your claim is large or complex.
- You don’t have time to handle the insurance process.
- Your insurance company is dragging its feet.
- You suspect they’re undervaluing your damages.
What Does a Property Attorney Do?
While public adjusters focus on negotiating claims, attorneys step in when legal action is necessary. If your insurance company denies your claim outright, delays payment unfairly, or acts in bad faith, an attorney may need to get involved.
How Can an Attorney Help?
- Legal expertise – If your insurance policy has confusing language, an attorney can interpret it for you.
- Lawsuits and legal action – If an insurer won’t budge, an attorney can take them to court.
- Handling bad faith claims – If the insurer is delaying, misrepresenting policy terms, or outright refusing to pay, an attorney can hold them accountable.
Texas-Specific Insurance Laws
- Texas law requires insurers to acknowledge a claim within 15 days and make a decision within 45 days, unless they have a valid reason for delay.
- If an insurance company acts in bad faith, they may be subject to penalties and additional damages under Texas law.
- Only attorneys can file lawsuits against insurance companies—public adjusters cannot.
When Should You Call an Attorney First?
- Your claim has already been denied.
- The insurance company is acting in bad faith.
- You’re dealing with a legal dispute over policy language.
- Your damages are extremely high and may require litigation.
Public Adjuster vs. Attorney: A Side-by-Side Comparison
| Criteria | Public Adjuster | Attorney |
|---|---|---|
| Who they represent | The policyholder | The policyholder |
| Role in the claim process | Assesses damage, files claims, negotiates settlements | Provides legal advice, files lawsuits if necessary |
| Can they negotiate with the insurance company? | Yes | Only if it involves a legal dispute |
| Can they file a lawsuit? | No | Yes |
| When to call them | If you need help handling the claims process | If your claim has been denied or the insurer is acting in bad faith |
| Cost | Typically up to 10% of the claim settlement | Usually works on a contingency fee (percentage of settlement or court award) |
| Regulated by | Texas Department of Insurance (TDI) | Texas State Bar |
| Best for | Policyholders needing claim support, valuation, and negotiation | Policyholders dealing with denied claims, legal disputes, or insurer misconduct |
Public Adjuster vs. Attorney: Which One First?
If you’re just starting your claim, a public adjuster should be your first call. We work hard to get your claim settled without the need for legal action—saving you time and legal fees.
If the insurer denies your claim or refuses to negotiate in good faith, then an attorney may be necessary to escalate the matter.
Can You Work with Both?
Absolutely. Many policyholders start with a public adjuster and later bring in an attorney only if needed. In fact, some attorneys refer clients to public adjusters first to see if the case can be settled without litigation.
But here’s the key: A public adjuster can’t give legal advice, and an attorney can’t negotiate your claim unless it becomes a legal issue. Each professional has their role, and together, they create a powerful team.
Frequently Asked Questions (FAQ)
What if my insurance company is ignoring my calls and emails?
If your insurer is unresponsive, a public adjuster can step in and push for answers. Texas law requires insurance companies to acknowledge claims within 15 days and make a decision within 45 days unless they have a valid reason for delay. If they continue ignoring you, an attorney may be needed to escalate the issue legally.
Can a public adjuster help if I’ve already started the claim process?
Yes, public adjusters can take over a claim at any point before settlement. If you feel the process is moving too slowly or the insurance company’s offer seems too low, a public adjuster can step in and negotiate for a better payout.
My claim was partially approved, but I think I deserve more. Who should I call?
A public adjuster can review the settlement offer and compare it to the actual cost of damages. If the offer is too low, they can negotiate with the insurer to increase the payout. If the insurer refuses to negotiate in good faith, an attorney may be the next step.
What if my insurance company says my damages aren’t covered under my policy?
This depends on the reason for the denial. A public adjuster can analyze your policy and determine if the insurance company is correctly interpreting the coverage. If they are wrongfully denying coverage, an attorney may need to step in to challenge the decision legally.
Can I hire a public adjuster and then switch to an attorney later?
Yes. If the claim process becomes contentious or legal action is necessary, a policyholder can transition from working with a public adjuster to an attorney. Public adjusters and attorneys often work together to ensure clients receive the maximum settlement.
My insurance company says I don’t need a public adjuster or an attorney. Should I believe them?
Insurance companies often discourage policyholders from hiring professional help because they prefer dealing directly with unrepresented individuals—who may not know how to push for a higher payout. Having an advocate on your side, whether a public adjuster or an attorney, helps ensure you receive a fair settlement.
What if I already accepted a settlement but now realize it’s too low?
If you have not signed a release of claims, a public adjuster may still be able to reopen the claim and negotiate for additional compensation. If you have signed a full and final settlement agreement, your options may be limited, and an attorney would need to evaluate whether legal action is possible.
Does hiring a public adjuster slow down the claims process?
No. In fact, public adjusters often speed up the process by ensuring all documentation is complete, deadlines are met, and negotiations are handled efficiently. Insurance companies sometimes delay claims intentionally, but having a public adjuster involved can help prevent unnecessary holdups.
What if my home insurance claim involves a total loss?
If your property is deemed a total loss, the stakes are higher, and insurance companies may still try to underpay. A public adjuster can ensure you are properly compensated based on policy limits. If the insurance company refuses to honor your full coverage, an attorney may need to take legal action.
My insurance company hired their own engineer or contractor to evaluate the damage. Should I be concerned?
Yes. Insurance company-hired professionals often produce reports that minimize damage or suggest repairs instead of full replacements. A public adjuster can bring in independent experts to counter these findings and ensure you are not shortchanged.
What if my insurance company threatens to cancel my policy after I file a claim?
Texas law prohibits insurance companies from canceling a policy just because you file a legitimate claim. If your insurer is making such threats, an attorney may need to step in to protect your rights.
I’m dealing with business interruption losses. Who should I call?
Business interruption claims can be highly complex. A public adjuster can help document lost revenue, additional expenses, and the impact on your operations. If your insurer refuses to acknowledge the losses, an attorney may be necessary.
I had a previous claim with the same insurer. Will that affect my current one?
It shouldn’t—each claim should be evaluated on its own merits. However, insurance companies sometimes try to use past claims as an excuse to deny or reduce payments. A public adjuster can help ensure your current claim is assessed fairly, and an attorney can step in if unfair practices are at play.
Can I work with both a public adjuster and an attorney at the same time?
Yes, but they serve different roles. A public adjuster handles claim negotiations, while an attorney deals with legal disputes. In some cases, working with both can provide the best possible outcome.
Take Action Now on Your Propert Damage Claim
If you’re dealing with a property damage claim in Texas, don’t wait until the insurance company lowballs or denies your claim before seeking help. Call a public adjuster first. At YPA Public Adjusters, we’ll assess your situation and guide you through the best next steps.
Ready to get started? Call us today for a free claim review, and let’s make sure you get every dollar you’re owed.
📞 (682) 267-0336
📍 Serving policyholders across Texas