Public Adjuster vs. Attorney vs. Appraiser: Who Do You Need?

When a claim gets complicated, three kinds of professionals can help you: a public adjuster, an attorney, and an appraiser. They do different jobs, are paid in different ways, and are regulated differently. Hiring the wrong one, or two with overlapping fees, can cost you time and money. This guide lays out the differences so you can choose deliberately.

The insurer’s adjuster is not your adjuster

The adjuster assigned by your insurance company, whether a staff adjuster or an independent adjuster hired by the insurer, works for the insurer. That adjuster may be professional and fair, but their job is to evaluate the claim for the company. The three roles below work for you.

Public adjuster

What they do

A public adjuster is licensed by the state to represent the policyholder in preparing, presenting, and negotiating an insurance claim. Typical work includes reviewing the policy, documenting and measuring the damage, preparing an estimate and contents inventory, submitting the claim, and negotiating with the insurer’s adjuster.

A public adjuster is not a lawyer. They cannot give legal advice or file a lawsuit for you.

How they are paid

Usually a percentage of the claim payments. State rules vary a great deal. Two examples:

Florida (§ 626.854). Florida caps public adjuster compensation. Under the 2025 statute:

• 20 percent of claim payments or settlements for claims not based on a declared emergency.
• 10 percent for claims made during the year after the Governor declares a state of emergency.
• 20 percent of a reopened or supplemental claim payment.
• 1 percent in certain cases where the insurer pays or commits to pay policy limits quickly.
• No fee on payments made before the public adjuster contract was signed.

Florida also limits solicitation to Monday through Saturday between 8 a.m. and 8 p.m., and allows you to cancel the contract within 10 days after signing. For contracts tied to a declared emergency, the window is 30 days after the date of loss or 10 days after signing, whichever is longer.

California (Ins. Code § 15027). California’s statute focuses on the contract rather than a general percentage cap. Among its requirements:

• The contract must be on a form approved by the Insurance Commissioner and titled “Public Adjuster Contract.”
• It must state the full compensation, including the percentage and what it applies to, and you must initial that provision.
• The fee may not leave you with less than any amount the insurer paid before the contract date.
• The adjuster may not collect the entire fee from the first payment, collect fees before money is paid, or require insurer payments to be issued only in the adjuster’s name.
• The contract must prominently state “We represent the insured only.”
• You may cancel by midnight of the third business day after signing and receiving a copy, or within five calendar days for claims arising from a catastrophic disaster.
• Public adjusters may not solicit during a loss-producing event, such as while emergency responders are present or an evacuation order is in effect, or between 6 p.m. and 8 a.m. unless you request it.

California lawmakers have considered disaster-claim fee caps in recent sessions. Check the current law, or ask the California Department of Insurance, before you sign.

When a public adjuster may fit

• Coverage is accepted, but the scope or pricing is far apart.
• The loss is large or complex, such as a fire, a total loss, or a business property claim.
• You do not have the time or expertise to build a detailed estimate and contents inventory.

Attorney

What they do

A policyholder attorney gives legal advice and can represent you in disputes, including coverage denials, bad faith claims, appraisal disputes, and lawsuits. Only a licensed attorney can file suit on your behalf and advise you on legal rights such as statutes of limitations, suit limitation clauses, and bad faith remedies.

How they are paid

Fee arrangements vary. Some attorneys work on a contingency fee, which is a percentage of the recovery. Others charge hourly or a flat fee. Get the fee agreement in writing and make sure you understand which dollars it applies to. In some situations, attorney fees may be recoverable from the insurer. In California, for example, Brandt v. Superior Court (1985) allows fees spent recovering wrongfully withheld policy benefits to be recovered as damages in a bad faith case. See Insurance Bad Faith Basics.

When an attorney may fit

• Your claim is denied in whole or in large part.
• The insurer says an exclusion applies, or alleges misrepresentation or fraud.
• You have been asked for an examination under oath. See Recorded Statements, EUOs, and Proof of Loss.
• A deadline to sue is approaching.
• You suspect bad faith.

Appraiser

What they do

An appraiser represents one side in the appraisal process in your policy, which resolves disputes over the amount of loss. Under the ISO homeowners form and California’s standard fire policy, each side selects an appraiser, the two appraisers pick an umpire, and any two of the three set the amount. See The Appraisal Clause: How It Works.

Both the ISO form and California Insurance Code section 2071 call for appraisers who are competent and impartial or disinterested. Your appraiser presents your side of the valuation, but should not have a financial stake that undermines that independence.

How they are paid

Under common policy language and California’s standard form, you pay your own appraiser and split the umpire and other appraisal costs with the insurer. Appraiser fees may be hourly, flat, or structured another way. Get the terms in writing and ask whether the structure could be challenged as creating a conflict.

Conflicts to watch for

• Two percentage fees on the same dollars. If you hire a public adjuster and later an attorney, get a written agreement on how fees apply to the same recovery.
• Referral relationships. Ask whether the professional pays or receives referral fees from your contractor, another adjuster, or an attorney.
• Contractor overlap. Ask whether the public adjuster has any financial interest in the contractor doing your repairs, and ask your state’s insurance department whether local rules restrict that arrangement.
• Payment control. Be wary of any arrangement that requires insurer checks to be paid only to the professional.

Questions to ask before hiring anyone

• What license do you hold, in which state, and what is the license number? Verify it with your state Department of Insurance or state bar.
• How exactly are you paid, and on which dollars? Is any money already paid excluded?
• What will you do, and what will I still need to do?
• How long do you expect this to take, and how will you keep me updated?
• How many claims like mine have you handled, and what were the outcomes?
• How do I cancel, and what would I owe if I do?

Red flag: Pressure to sign on the spot, especially at the scene of a fire or while you are displaced, is a reason to slow down. Ask for a copy of the contract to review, and confirm your cancellation rights in writing.

Making the choice

There is no single right answer. Match the professional to the problem: documentation and pricing, legal rights, or valuation through appraisal. Verify licenses through the NAIC’s directory of state insurance departments, or your state bar for attorneys, and get every agreement in writing.