"Duties After A Loss" - What your insurance company doesn't tell you.

After a major loss, you file an insurance claim - hail/wind damage to your roof, a fallen tree branch chops off the side of your house, sewer backup or a burst pipe, or a major catastrophe such as a fire occurs. You call your insurance company and file a claim. They send their adjuster out, and either deny or underpay your claim.

So you take action to fight back and try to get what you're rightfully owed. Maybe you demand appraisal, maybe you file a lawsuit with an attorney. BUT - then the insurance company puts the brakes on your plans. They say you didn't do what you should have. "WHAT?" you think! I filed the claim, I let them look at it, what else was I supposed to do!? Well what they likely didn't tell you was your responsibilities buried in your policy you likely never read. The following is the section titled, "Your Duties After A Loss", and although it varies based on your policy and state, is representative of common terms:

5 Sections. 18 Subsections. All listing your responsibilities after a loss - and likely you've never seen or read that before. Why didn't your insurance company bring this to your attention? Because its in their best interest. With most policies, you cannot demand appraisal of your loss, or initiate a lawsuit, UNLESS you have performed all of your duties required under the policy. So if you didn't, basically you'll have a hard time forcing them to pay what is just. Did you provide a Proof of Loss? Do you even know what that means? Did you properly mitigate the loss - ie tarp a leaking roof or get a water mitigation contractor in to dry out water damage from a pipe burst? Did you notify them promptly?

Probably not, because you didn't know you had to. However, all is not dead - in many states there is case law supporting that the insurer must show how they've been prejudiced by your lack of compliance with the policy. But that also means hiring a lawyer, going to court, etc - which is a move that rarely makes monetary sense in states like Illinois where attorney fees are hard to recover, unless we're talking about a huge claim.

If you take away nothing else from this article, please, request a copy of your policy from your agent, and take the time to read it. Understand what you need to do after you have a loss, and what losses are covered and what losses are excluded.

When you have a loss, strongly consider hiring a Public Adjuster to represent your interests. As a licensed PA in Illinois and Colorado, we understand the laws, deadlines, and policies to ensure your, and more importantly your insurance company's, compliance of the same. The insurance companies have thousands of adjusters, engineers, and experts all working for their best interests; which is to delay, deny, and defend, in pursuit of their ultimate goal of underpaying your claim increasing their profits for shareholders. Put someone in your corner to fight on your behalf and protect your rights under your contract with the insurance company for which you diligently pay your premiums with your own Public Adjuster.