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Insurance Law Information Center

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Filing Claims with Your Insurance Company

Notice and Timeliness

Typically, an insurance policy includes specific requirements insured individuals must follow to receive any proceeds from their insurance policies. First, insurance companies usually require the insured party to give notice of any loss immediately to the insurer. Generally, an insured must inform the insurance company of his or her loss within a reasonable time. The insurer can then investigate the claim and gather information while the circumstances surrounding the loss are fresh and recent, and the insurance company can take additional steps to prevent future loss.

In addition, some insurance policies include time limitations, often set out by state statute. These restrictions disallow an action to be brought against the insurance policy after a specific period of time, such as one year, after the date of loss.

Proof of Loss

Insurance policies also generally require insured parties to file a "proof of loss" document with the insurance company. This document is usually a written statement, specifically describing the details of the loss. Insured parties must often swear and sign that the "proof of loss" document they create is truthful and accurate.

Appraisal

Often, particularly with damaged property, the property loss or damaged remaining property must be appraised, especially if the insurance company and insured cannot agree on the value of the property.

Subsequent Damage

Generally, property insurance policies disallow coverage for further damage to the property that results from the insured's failure to take reasonable steps to prevent additional loss. This limitation typically only applies if the insured has been negligent in protecting his or her property.

Maintain Good Records

It is important to keep good records of any major purchases or expenses related to insured products or claims. Examples of records to keep include receipts, appraisal documents, warranties, proofs of purchase, proofs of authenticity, and other proofs of ownership.

Know Your Policy: Read the Fine Print

Many people never read their insurance policies, only to be surprised later to find out they did not follow the required procedure to file a valid claim or that their coverage was not as comprehensive as they thought. It is important to read your policy when you receive it and to make sure you understand the fine print and the steps you must take if you file a claim. If you have questions about your insurance policy or about how to file a claim to recover the compensation you deserve, contact your insurance company or call our firm to schedule a consultation with an attorney.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.