Joseph A. Porcelli – November 21, 2012
Good communication with your insurance company is incredibly important when filing a property damage claim. While the statute of limitations on property damage claims may be as long as three (3) years in some states, be sure to check your insurance policy to see if there is a stated time limit on claims submission.
A good rule of thumb is to file a claim under any insurance policy as soon as possible. It is wise to notify your insurance company immediately after the damage occurs. This is an informal process and you can file a claim over the telephone with your local agent or through the toll-free claims number in your insurance policy. Be certain that you note this and all telephone conversations in a diary so you can keep track of your claim status. Additionally, send a letter or email to confirm your property damage claim to your insurer; do not rely on the telephone conversation alone. Failure to give timely notice to your insurance carrier may result in the denial of your claim or delay in receiving reimbursement for your damages.
It is equally important to create a paper trail (i.e. confirm any representations or statements made by your insurance company adjuster or other personnel over the telephone or in person by sending confirmation email or letter). When writing, make sure you use good grammar, punctuation, spelling and capitalization when needed as well as provide your policy number and claim number in all of your written correspondence. It goes without staying that you should promptly answer any letters or reasonable requests sent by your insurance carrier.
Be very proactive: document your damages in photographs or video, even from your cell phone. The more written or photogenic documentation you have, the better your property claim will be document. This will also assist in handling your property damage claim in a timely manner with the maximum recovery possible.
In your conversations with your claim adjuster, be polite, persevering and prompt. Do not be under the mistaken impression that your claims adjuster is your friend, even if he or she seems very outgoing and sympathetic to your property damage claim. Remember this is a business transaction and you must keep it professional. Do not take your anger out on or vent your frustrations on the claims adjuster since he or she carries significant power during the claim adjudication process.
Although Super Storm Sandy has clearly caused billions of dollars of damages, there are likely instances where insurance claims will not be promptly or adequately paid or worse case, even denied outright. It then becomes necessary for a policyholder to fight their own insurance carrier to protect his or her legal rights based upon the insurance policy they purchased.