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Waiver of Deductible

When a contractor offers to cover, absorb, or eliminate your insurance deductible — an illegal practice in Colorado and one of the clearest warning signs of a dishonest roofing company.

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What a Waiver of Deductible Is

A waiver of deductible occurs when a contractor offers to pay, absorb, or eliminate your insurance deductible as part of a roofing agreement.

Common phrases include:

  • “We’ll cover your deductible”
  • “You won’t pay anything out of pocket”
  • “We’ll handle your deductible”

Your deductible is not optional — it is a contractual obligation in your insurance policy.


Why It Is Illegal in Colorado

Under Colorado law (C.R.S. § 10-4-110.9), contractors are prohibited from directly or indirectly paying or waiving a homeowner’s deductible on insurance-funded work.

Why:

  • The deductible is your share of the loss
  • It cannot legally be transferred to the contractor

In practice, deductible waivers are funded by:

  • Inflated insurance claims
  • Overstated pricing or scope

This is considered insurance fraud — for both the contractor and the homeowner.


How It Is Offered in Practice

Deductible waivers are often disguised:

  • “We’ll discount your job by the deductible”
  • “Our customers never pay out of pocket”
  • “Just don’t worry about the deductible”

Or handled after the fact:

  • Contractor collects full insurance payment
  • Homeowner is told not to pay the deductible

The wording changes — the violation does not.


The Risks to Homeowners

Legal Risk

  • Participation in insurance fraud
  • Potential criminal liability

Insurance Risk

  • Claim denial
  • Policy cancellation
  • Difficulty obtaining future coverage

Financial Risk

  • Inflated claims can trigger investigation
  • Out-of-pocket exposure if claim is reversed

Quality Risk

  • Contractors competing on illegal incentives
  • Lower focus on workmanship and materials

If a contractor is willing to break the law to get the job, that risk doesn’t stop there.


Why Contractors Offer It

Deductible waivers are used to:

  • Win jobs quickly after storms
  • Outcompete legitimate contractors
  • Remove the homeowner’s biggest objection — out-of-pocket cost

It’s a sales tactic — not a legitimate benefit.

It also signals:

  • Willingness to inflate claims
  • Poor ethical standards
  • Higher likelihood of future issues

Common Questions

Is it ever legal to waive a deductible?

No — not on insurance-funded work in Colorado.

What should I do if a contractor offers this?

Decline and avoid working with them.

Can I get in trouble if I accept?

Yes — even if you didn’t fully understand the arrangement.

Is there a legal way to reduce my out-of-pocket cost?

Yes — by ensuring your insurance estimate is complete and includes all covered items.


How Claim Advocacy Helps

  • Contractor vetting — identifying red flags before signing
  • Estimate review — ensuring full coverage is included
  • Supplement support — recovering legitimately owed funds
  • Homeowner education — clarifying deductible obligations

A waiver of deductible is one of the clearest warning signs of a dishonest contractor. While it may sound like a financial advantage, it creates legal exposure, increases claim risk, and often signals deeper problems with how the contractor operates. The safest approach is simple: if a contractor offers to waive your deductible, walk away.

📞 (719) 210-8699
📧 gerald@winik.io

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