Avoiding Common Mistakes in Recovery Insurance Claims

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Dealing with insurance companies after an accident or loss can feel like a game with a stacked deck. Insurers are for-profit businesses, and their primary goal is to minimize payouts. While they have a duty to act in good faith, there are tactics they use that you should be aware of to pro

File Your Claim and Meet with Your Adjuster

Once you have secured the scene and documented the damage, it's time to officially file your claim.

Report the Claim: Contact your insurer as soon as possible. Many policies have deadlines for reporting claims. You can typically do this through a phone call, a mobile app, or an online portal.

Understand Your Policy: Before you meet with an adjuster, review your policy to understand your coverage limits, deductibles, and any specific exclusions. Knowing what you're entitled to will help you assess the adjuster's offer.

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Meet Your Adjuster: An insurance adjuster will be assigned to your case to assess the damage and determine a settlement amount. Be present during the inspection and provide them with all the documentation you have gathered. Be factual and honest, but avoid making speculative statements or admitting fault.

Negotiate and Maximize Your Payout

The initial settlement offer is often not the final offer. Here’s how to negotiate for a better payout.

Calculate Your Full Losses: Go beyond the obvious damage. Include the cost of temporary housing, lost wages, and other related expenses. For a personal injury claim, also consider "non-economic" damages like pain and suffering.

Send a Demand Letter: If the initial offer is too low, send a detailed demand letter to your insurer. Use your evidence to explain why their offer is insufficient and provide a counteroffer.

Don't Accept the First Offer: Be patient and prepared to negotiate. Insurance companies often start with a low offer to see if you will accept.

Consider a Public Adjuster or Attorney: For complex or high-value claims, you may want to hire a public adjuster who works for you, not the insurance company. For personal injury claims or if your insurer is acting in bad faith, a lawyer can be your best advocate.

What to Do If Your Claim Is Denied

A denied claim is not necessarily the end of the road.

Get a Written Explanation: If your claim is denied, ask for a detailed explanation in writing. This letter should state the specific reasons for the denial and reference the policy language.

Appeal the Decision: You have the right to appeal the decision through the insurance company's internal process. Use all your documentation to build a strong case for reconsideration.

File a Complaint with the State Department of Insurance: If the internal appeal is unsuccessful, you can file a complaint with your state's Department of Insurance. They can review your case and may be able to help resolve the dispute.

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Consult Legal Counsel: If you believe your insurer has acted in bad faith, an attorney can help you navigate the appeals process and determine if you have grounds for a lawsuit.

 

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