As a restoration contractor, using Direction to Pay can help you make sure that you receive payment for your work from a homeowner’s insurance carrier. But these arrangements have their limits and challenges. Here’s what Josh Ehmke, General Counsel at One Claim Solutions, had to say about Direction to Pay and when you can use it to your advantage.
Direction to Pay is a request that policyholders can make to their insurers asking them to send payment for services rendered directly to their contractor instead of them. When insurance companies send payments straight to restoration contractors, it simplifies and speeds up the payment process since contractors don’t have to wait for the policyholder to send the insurance payment to them.
As great as Direction to Pay seems, it usually isn’t the best solution to the problems that restoration contractors face when dealing with insurers because Direction to Pay requests are not legally binding. Josh describes Direction to Pay as a “polite, simple request that a policyholder can make to the insurance company saying, ‘Hey, go ahead and pay my contractor.’”
In most scenarios, Direction to Pay requests “look good, but, in reality, they are worthless,” Josh says. “They’re not enforceable at all.” Insurance companies can (and often do) say no and choose to pay the policyholder instead.
So how do you, as a restoration contractor, know when asking your customers to make a Direction to Pay Request to their insurers is actually worth it? What can be used as an alternative for this request? Keep reading to see the advice that Josh has for contractors.
If you’re a restoration contractor in a state other than Florida or Texas, One Claim Solutions recommends always using Assignment of Benefits instead of Direction to Pay. Assignment of Benefits allows payments to be given directly to restoration contractors. Unlike Direction to Pay, Assignment of Benefits is legally binding. Instead of insurers getting to pick and choose when they want to comply, they are required to abide by the Assignment of Benefits. When contractors can count on carriers sending payment directly to them, it makes the payment process faster and less painful.
For restoration contractors in Florida and Texas, One Claim Solutions recommends using Direction to Pay because state laws restrict the use of Assignment of Benefits in these states. “Direction to Pay is better than nothing,” Josh says. “It’s still unenforceable, but at least it gives you something to try to direct the payment to you as the contractor.” Sometimes, you’ll get lucky, and insurance carriers will choose to honor the request, saving you the hassle of tracking down the policyholder for payment.
Contractors in Florida and Texas who are struggling to secure payment even after trying to use a Direction to Pay agreement can use the liens process to ensure payment. To secure your right to the liens process, give pre-lien notice to customers at the start of every job. Communicate clearly with your customers about what pre-lien notices and liens are. For advice on how to best explain pre-liens to your customers, read our recent blog post.
Laws surrounding restoration work can be complicated. If you’re a contractor who wants to learn more about how Direction to Pay or Assignment of Benefits can be useful for your business, turn to the restoration industry experts at One Claim Solutions. To get monthly insights on all things restoration, sign up for our newsletter – Claims Corner.