1. The first stage of the claim process - getting started:
I have a storm claim - what do I do?
The first step in the claims process is reporting your damage to your insurance company. Call your insurance company to report the claim. At this stage, your call will most likely be directed to someone gathering basic information such as contact information and broad general information regarding your loss. This person most likely will not be the adjuster assigned to assess and evaluate your claim and is not the person who will ultimately decide on insurance benefit payments to you. It is important to provide answers to any questions asked at this stage.
What if I cannot find my policy?
Immediately ask your insurance company or agent for a complete copy of your insurance policies, including your declarations page. That policy is the contract between your insurance company and you. You need a copy to understand what coverage types are available to you in case you later need to tell your lawyer this information. Some of these coverages may be difficult to understand. Basic
coverage types in these policies include dwelling, other structures, personal property
and loss of use. Common additional coverages include debris removal, property
collapse, and reasonable repairs. Also, the policy will also determine amounts of
coverage as well as any exclusions, conditions, and deductibles regarding coverage.
The debris removal coverage, if available, may be particularly helpful at this early stage
to pay to clear your property. While this fact sheet addresses residential homeowner’s
insurance, commercial property insurance can cover both physical structures and
property as well as loss of business and income as a result of a disaster.
I have been assigned an adjuster, so what happens now?
An adjuster’s job is to investigate the claim for the insurance company. Determining what caused the damage and placing a value on the damage are part of this stage. You should expect the adjuster to inspect the damage initially and provide guidance as to what you can do to move the claim forward. You should ask the adjuster what you should do to assist in the claims process. Take notes of any instruction given to you. If you do not understand anything, ask for clearer instruction or explanation.
The adjuster assigned to me does not work for my insurance company. Should I be concerned?
Oftentimes, following a natural disaster with widespread damage like we
experienced on April 27th, insurance companies will employ what are called
“independent” adjusters to help handle claims due to the high volume of claims coming
in. This does not change any obligation of your insurance company. The policy between
you and your company remains in effect and must be honored regardless of whether
the adjuster is a direct employee of your insurance company or an “independent
adjuster.”
I do not like my adjuster. What can I do?
You have an obligation under your insurance contract to cooperate with your insurance company. This might include answering questions you feel are unnecessary or impossible to answer at this time. Do not forget your obligation to cooperate. If you refuse to cooperate, you may be giving your insurance company an opportunity to not pay your claim, in whole or in part. That does not mean you have to accept any payment offer from the company. Instead, this means you have to provide information asked by the company or adjuster. If you find you cannot work well with your adjuster, you may request another one. Some policies provide for this right, while other policies do not. Prior to making this request, review your policy. Under the strain from and the recent destruction, such a request may also slow down your claim.
I cannot live in my home. What can I expect from my insurance company?
Determine what “Additional Living Expense” coverage you have from your adjuster and your policy. "Additional Living Expenses" generally includes hotel or restaurant bills; the limit in terms of specific dollar amounts or percentage of coverage are usually defined. Make sure you understand the limit - the maximum total amount of coverage - you have so you can budget your living arrangements. This coverage is designed to provide a comparable standard of living after a loss. Ask what documentation you need to provide to continue this coverage while you are displaced from your home.
2. Second Stage - claim valuation
What can I do protect myself at this stage?
Document your loss and timely file a proof of loss with the insurance company or its independent adjuster, as the case may be. Make your video and photographs of your damage as detailed as possible, as they are important if there is a later dispute with your insurance company over what was lost in the storm. Generally, in taking photographs and video, the more images of the damage, the easier it will be to prove your damages to the insurance company.
The adjuster is demanding a list of everything I lost. Do I have to do this? Yes. You have an obligation to cooperate with your insurance company, which means providing requested information. Many people when faced with a complete loss assume the insurance company will pay the limit of coverage; unfortunately, this is not always the case. As difficult as it may be, start room by room and account for every item lost due to the storm.
I do not agree with the estimate to repair my home. What can I do?
If you do not agree with the insurance company’s estimate to repair your home, get your own estimate from a reputable contractor. Send that estimate to you insurance company, and ask that the adjuster meet with your contractor so the adjuster can understand the discrepancy. Put this request in writing.
What is the difference between “Actual Cash Value” and “Replacement Cost”?
Actual cash value is what your home and/or contents were worth at the time of loss.
Replacement cost is the amount of money to replace your home or lost items. Some
policies provide replacement cost coverage only when the item is actually replaced. It is
important to review your policy and go over this coverage with your adjuster. You may
be entitled to additional funds when you start replacing items if you have replacement
cost coverage. Be aware that some policies require you to rebuild within a limited
number of days in order to claim replacement cost for your lost dwelling. Also, it may be helpful to inform your insurance company that you intend to rebuild to obtain maximum coverage of benefits.
For
Tulsa, OK. legal questions regarding storm damage and insurance claims, contact David Keesling, Richardson Richardson Boudreaux Keesling at 918-492-7674 or
www.rrblawok.com.
For all your
Tulsa, OK. insurance needs. contact Mike Tedford, Tedford Insurance, 918-299-2345 or
www.tedfordinsurance.com.