Table of Contents
- What a public adjuster does on a water damage claim
- Your rights under Georgia law
- What to check before you sign anything
- Where water damage claims get underpaid
- The documentation that decides your claim
- Frequently asked questions
Water damage is the claim most likely to be settled for less than it should be. Not because insurers are villains, but because the damage keeps moving after the adjuster leaves. Water travels through wall cavities, under subfloor, into insulation and framing, and the part you can see on day two is rarely the whole loss.
If you are searching for help with a water damage claim in Georgia, the useful question is not which company has the nicest website. It is what the person you hire is legally allowed to do, what they can charge, and what protections you already have before you sign anything.
What a public adjuster does on a water damage claim
A public adjuster is licensed by the state to represent the policyholder in a claim. That is the whole distinction. The adjuster your insurance company sends works for the insurer. A public adjuster works for you, and Georgia law requires that to be stated in writing.
On a water loss, the work is usually some combination of these:
- Reading the policy to establish what is actually covered, including the difference between sudden and gradual damage, which is where most water claim denials live
- Documenting the full extent of the loss, including damage that is not visible at the surface
- Building a repair scope and estimate that reflects real Georgia labour and material costs
- Preparing the proof of loss and supporting evidence
- Negotiating the settlement and handling the back-and-forth with the insurer
- Pursuing recoverable depreciation after repairs are complete
Your rights under Georgia law
Georgia regulates public adjusters more tightly than most property owners realise. These protections apply whether or not anyone tells you about them.
The contract must say WE REPRESENT THE INSURED ONLY
Under O.C.G.A. section 33-23-43.2, a public adjuster contract must be titled Public Adjuster Contract, must be executed in duplicate, and must carry a prominent notice reading WE REPRESENT THE INSURED ONLY. It must also state the adjuster full name, licence number and business address, and confirm that the licence is valid and in full force as of the date you sign.
You have three business days to cancel
The same section grants you a right to rescind the contract within three business days of signing. The rescission has to be in writing and delivered to the address on the contract within that window. This provision applies by operation of law, which means it is yours even if the contract in front of you does not mention it.
Fees are capped at 33.3 percent
Under O.C.G.A. section 33-23-43.3, the total commission a public adjuster receives cannot exceed 33.3 percent of the insurance settlement, and the fee charged must be reasonable. Typical fees in practice sit well below that ceiling.
Two further restrictions are worth knowing. An adjuster cannot take the entire fee out of the first cheque the insurer issues; the fee comes as a percentage of each payment. And if the insurer pays or commits in writing to pay the policy limit within 72 hours of the loss being reported, percentage based compensation is not permitted at all, because there was nothing to negotiate.
Your adjuster cannot profit from the repairs
This is the protection most people have never heard of, and it matters more than the fee cap. O.C.G.A. section 33-23-43.8 prohibits a public adjuster from participating, directly or indirectly, in the reconstruction, repair or restoration of the property they are adjusting. The same section bars them from accepting a fee for referring you to a contractor, a salvage company or an attorney.
The contract itself must disclose that the adjuster has no direct or indirect interest in any firm performing related work. If the person estimating your loss also stands to be paid for repairing it, their incentive is not aligned with yours.
What to check before you sign anything
- Verify the licence. Georgia licences are searchable through the Office of Commissioner of Insurance and Safety Fire. The number has to be on the contract.
- Read the fee clause. What percentage, applied to what, and paid out of which cheques.
- Check the repair disclosure. The contract must state the adjuster has no interest in firms doing the repair work.
- Ask what happens to the money. Settlement cheques must name you as a payee. An adjuster can only endorse a payment with your written authorisation, that authorisation is limited to deposits into an escrow or trust account, and you can revoke it at any time.
- Note the date you sign. Your three day rescission window starts then.
Where water damage claims get underpaid
A few patterns come up repeatedly on Georgia water losses:
- Sudden versus gradual. Policies cover sudden and accidental discharge. They exclude long term seepage. A supply line that failed last Tuesday and a slow leak behind a shower pan produce similar looking damage and very different claim outcomes, so the cause and timeline matter enormously.
- Scope stopping at the visible line. Drywall is cut to the water line rather than to where moisture actually travelled. Moisture readings, not eyesight, should set the scope.
- Matching. If half a hardwood floor or a run of cabinetry is damaged, whether the undamaged portion is replaced to match is often where the largest dollar disagreement sits.
- Contents undervalued. Damaged personal property is frequently settled on a room by room estimate rather than an itemised inventory.
- Recoverable depreciation left unclaimed. Many policies hold back depreciation until repairs are done. That money is claimable and is regularly forgotten.
- Mould treated as a separate problem. Georgia humidity means water losses turn into mould questions quickly. Coverage for resulting mould is often limited and time sensitive.
The documentation that decides your claim
Claims are settled on evidence. Before anything is torn out or dried:
- Photograph and video everything, wide shots and close ups, before mitigation begins
- Record moisture readings, including in areas that look dry
- Keep every damaged item until it has been documented, and photograph model and serial numbers
- Save receipts for mitigation, temporary repairs and additional living expenses
- Write down the date and time the loss was discovered and what you did next
- Keep a log of every call with the insurer, including names and dates
Mitigating further damage is your obligation under the policy. Doing it does not waive anything, provided you document the condition first.
Frequently asked questions
How much can a public adjuster charge in Georgia?
Total commission cannot exceed 33.3 percent of the settlement under O.C.G.A. section 33-23-43.3, and the fee must be reasonable. Most fees in practice are considerably lower.
Can I cancel after I sign?
Yes. You have three business days from signing to rescind in writing, under O.C.G.A. section 33-23-43.2.
Can a public adjuster also do my repairs?
No. O.C.G.A. section 33-23-43.8 prohibits a public adjuster from participating directly or indirectly in the repair or restoration of property they are adjusting, and from taking a referral fee for sending you to a contractor.
Is it worth involving one on a smaller claim?
Not always. If the insurer pays the policy limit quickly, there is nothing to negotiate, and Georgia law reflects that by barring percentage fees when the limit is paid or committed within 72 hours. The value is in disputed, complex or underpaid claims.
Does hiring one slow the claim down?
It changes who does the work rather than the insurer timeline. Well documented claims frequently move faster, because the insurer receives a complete scope instead of requesting the same information repeatedly.
Talk to someone about your water damage claim
If you have a water damage claim in metro Atlanta that has been denied, underpaid, or is simply not moving, a policy review costs nothing and will tell you whether the settlement on the table reflects the actual loss.
Request a free claim review or read more about water damage claims and what a public adjuster does.
