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What a Public Adjuster Does (and What They Can’t Do)

The only type of adjuster who works for you rather than for the insurer.

9 min read · Updated July 2026

There are three kinds of adjuster, and the difference is who pays them.

  • Staff adjusters are employees of the insurance company.
  • Independent adjusters are contractors hired by the insurance company, common after large events when staff capacity is exceeded.
  • Public adjusters are hired by the policyholder and work for the policyholder.

Only the third works for you. All three are licensed and regulated by the state.

What a public adjuster does

They handle the property claim on your behalf, which typically means documenting the damage in detail, preparing a scope of loss and an estimate, reading the policy for coverages that apply, communicating with the insurer, and negotiating the settlement.

The practical case for using one is that the other side has a professional and you do not. Preparing a defensible estimate for a large property loss is a skill, and most homeowners are doing it for the first time under difficult circumstances.

What they cannot do

This is where expectations need to be accurate.

  • They cannot practise law. They cannot file a lawsuit or give legal advice. If a claim turns on interpreting policy language in litigation, that is an attorney's territory.
  • They cannot compel the insurer to pay. They negotiate. They do not have authority over the insurer's decision.
  • They cannot guarantee a result. Anyone promising a specific outcome or percentage increase is making a claim they cannot support, and in many states that promise itself may breach the rules they are licensed under.
  • They usually cannot handle health or auto liability claims. Public adjusting licences generally cover property claims.

How they charge

Almost always a percentage of the settlement, and the percentage varies by state, by claim size, and by the point at which they are engaged.

Several states cap the fee, and a number impose lower caps on claims arising from a declared disaster. Some states also require a cooling-off period during which you may cancel the contract without penalty. These protections exist specifically because disasters attract people soliciting distressed homeowners.

Before signing anything, check three things with your state Department of Insurance: whether the person holds a current public adjuster licence, what fee cap applies in your state, and whether a cancellation period is required. All three are free to verify and all three are state-specific.

The contract

Read it before signing, particularly these points:

  1. The fee percentage, and whether it applies to the whole settlement or only to amounts recovered above what the insurer had already offered. These produce very different numbers.
  2. What is included in the fee and what is billed separately.
  3. The cancellation terms, including the statutory period if your state requires one.
  4. Whether payments are directed to them and how funds reach you.
  5. The scope — which claim, which property, and whether it covers supplements discovered later.

When people consider one

These are observations about where the arithmetic tends to work, not recommendations.

A percentage fee on a small claim can consume most of any improvement. On a large or complex loss — significant structural damage, a total loss, a business interruption element — the proportion is smaller and the complexity is higher.

Timing matters too. Engaging one at the outset is different from bringing one in after a denial, and some contracts price those situations differently.

The alternatives that cost nothing

Worth weighing before committing to a percentage.

  • Your own documentation. Photographs, independent contractor estimates, and a written appeal cost you time rather than a share of the settlement.
  • A complaint to your state Department of Insurance. Free, and it obliges the insurer to respond in writing.
  • The appraisal clause, if the dispute is about amount rather than coverage. You pay your own appraiser and share the umpire's cost, which on a mid-sized claim can be less than a percentage fee.

After a disaster, be careful

Widespread events attract door-to-door solicitation. Several states restrict when and how public adjusters may solicit after a declared disaster, and some prohibit it entirely for a period.

Two things to be wary of: anyone pressing you to sign immediately, and any contract that assigns your claim benefits to a contractor. Assignment of benefits arrangements have been the subject of significant regulation in several states, and signing one changes who controls your claim.

What we are not saying

We are not recommending that you hire a public adjuster, and we are not recommending against it. We receive nothing either way — we do not sell services, take referrals, or accept commissions.

What we are saying is that they are licensed professionals who work for you rather than the insurer, that the fee is a real percentage of your recovery, that several states cap it, and that verifying a licence takes two minutes and is free.

Where to verify this yourself

  • Your state Department of Insurance — licence verification, fee caps, cancellation requirements, and post-disaster solicitation rules.
  • Your policy — the appraisal clause, as a free alternative for valuation disputes.
  • The contract itself — read it in full before signing.

The three adjusters, side by side

Staff adjusterIndependent adjusterPublic adjuster
Employed byThe insurerA firm contracted by the insurerYou
Paid byThe insurerThe insurerYou, usually a percentage
Works forThe insurerThe insurerThe policyholder
Licensed by the stateYesYesYes
Common inOrdinary claimsAfter catastrophes, when capacity is exceededLarger or disputed property claims

All three carry the same job title and all three are regulated. The difference is entirely about who pays them, and it is worth asking which kind you are speaking to — it is a normal question and they will answer it.

What the work actually consists of

The value a public adjuster adds, where they add it, is mostly in the scope of loss — the detailed inventory of what was damaged and what restoring it requires.

Typical scope of engagement

  • Reading the policy in full, including endorsements, to identify every coverage that applies
  • Documenting the damage in detail, frequently including areas a general inspection misses
  • Preparing a line-item estimate using the same estimating software the insurer uses
  • Identifying coverages the policyholder did not know they had — loss of use, ordinance or law, debris removal, code upgrades
  • Managing communication and documentation with the insurer
  • Negotiating the settlement
  • Preparing and submitting the proof of loss

That fourth item is where a good deal of the recovered value comes from on large losses. Additional living expenses, ordinance or law coverage, and debris removal are separate coverages with their own limits, and policyholders handling a claim alone frequently do not claim them at all.

The fee, calculated honestly

Percentages sound small and compound quickly on large claims. The arithmetic is worth doing before signing.

SettlementFee at 10%You keepBreak-even improvement needed
$15,000$1,500$13,500Must raise the offer by ~11%
$60,000$6,000$54,000Must raise the offer by ~11%
$250,000$25,000$225,000Must raise the offer by ~11%

The proportion is constant; the absolute figure is not. The question is not whether 10% is a lot — it is whether the engagement will improve the outcome by more than the fee.

The contract structure matters more than the percentage. A fee on the entire settlement is very different from a fee on amounts recovered above what the insurer had already offered. If an insurer has already tendered $40,000 and the final settlement is $70,000, a fee on the whole is $7,000 while a fee on the improvement is $3,000. Ask which structure the contract uses, and get the answer in the document rather than in conversation.

Verifying a licence, step by step

This takes two minutes, costs nothing, and is the single most important thing to do before signing anything — particularly after a disaster, when solicitation increases.

Before you sign

  • Get the individual's full legal name and licence number, not just a company name
  • Search your state Department of Insurance licensee database for that name
  • Confirm the licence is current, in your state, and for public adjusting specifically
  • Check whether any disciplinary action is recorded
  • Ask what fee cap applies in your state, then verify it with the department rather than taking their word
  • Ask whether your state requires a cancellation period, and confirm it appears in the contract
  • Ask for references from claims of a similar type and size

Licences are state-specific. Someone licensed in a neighbouring state is not thereby licensed in yours, and after a widespread event adjusters do travel.

Post-disaster rules exist for a reason

Several states restrict when and how public adjusters may solicit business after a declared disaster, and a number impose lower fee caps on claims arising from one. Some require a cooling-off period during which a contract may be cancelled without penalty.

These protections were adopted because widespread damage attracts door-to-door solicitation of people who have just lost their homes and are not in a position to evaluate a contract carefully.

Warning signs

  • Pressure to sign immediately, on the doorstep
  • Any guarantee of a specific outcome or percentage increase
  • Reluctance to give a licence number
  • A contract assigning your claim benefits to a contractor
  • Asking for payment before any work
  • Discouraging you from contacting your insurer directly

Reasonable behaviour

  • Provides a licence number without being pressed
  • Explains what they cannot do, including that they cannot practise law
  • Gives you the contract to read before signing
  • Explains the fee structure in writing
  • Makes no promise about the outcome
  • Is comfortable with you verifying everything

Assignment of benefits is a different document

Worth separating clearly, because the two get conflated at the worst moment.

An authorisation to perform work lets a contractor begin emergency repairs. An assignment of benefits transfers your rights under the policy to that contractor, who then deals with the insurer directly and is paid directly.

The second changes who controls your claim. Several states have adopted specific regulation of these arrangements. If a document is placed in front of you during emergency work, read the heading and ask directly which one it is.

The free alternatives, priced

RouteCostBest suited to
Your own documentation and appealFree, plus your timeSmaller claims, clear facts
Independent contractor estimatesOften freeValuation gaps on repairs
State regulator complaintFreeDelay, non-response, process failures
Appraisal clauseYour appraiser plus half the umpireAmount disputes, mid-size and up
Public adjusterPercentage of settlementLarge or complex losses
AttorneyVaries; often contingencyCoverage denials, legal questions

Two observations from that table. On a modest claim, the free routes frequently produce a better net result than a percentage fee. And a public adjuster and an attorney address different problems — scope and valuation on one side, coverage and legal interpretation on the other. A denial resting on a policy exclusion is not really a public adjuster's territory.

What we get from any of this

Nothing. ClaimWise does not sell services, take referrals, accept commissions, or maintain any relationship with adjusters, contractors or law firms. That is worth stating plainly on a page like this, because pages about hiring a public adjuster are frequently written by people who receive something when you do.

Questions worth asking in the first conversation

A competent public adjuster will answer all of these without hesitation, and the answers tell you a great deal about whether the engagement suits your situation.

Ask directly

  • What is your licence number, and in which states are you licensed?
  • Is the fee calculated on the whole settlement or only on amounts above the current offer?
  • What is the fee cap in this state, and does a disaster cap apply here?
  • How many claims of this type and size have you handled?
  • Who will actually do the work on my file — you, or someone else?
  • What happens to your fee if the insurer pays before you have done anything?
  • What does the contract cover, and what would be billed separately?
  • Can I cancel, and within what period?

That sixth question is worth pressing on. Some contracts entitle the adjuster to a percentage of payments the insurer would have made regardless. Whether that is reasonable is a judgment for you, but it should be a knowing one rather than a discovery made when the settlement arrives.

This is general education, not advice. Insurance law and claim rules vary by state and change over time. Nothing here is legal, financial, or insurance advice for your situation, and reading it does not create any professional relationship. For your specific case, consult a licensed professional in your state or contact your state Department of Insurance.