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The Dos:
1.Do call your agent as soon as a covered event takes
place. As soon as you get home from the car accident, or
even before you go to the doctor, call your agent.
2.Do review and understand your coverage before talking
to your insurer or your agent. Read the "Coverage" and
"Exclusion" sections of your policy in particular.
3.Do take and keep detailed notes of all conversations
with insurance company representatives, and get names,
phone numbers, and job titles of people you speak with,
including their supervisor's name.
4.Do consider whether you might have insurance coverage
under some other insurance policy as well. Many people
have more than one policy that might cover a claim. In
particular, look at homeowner policies, "umbrella"
policies, and materials that came with your credit
cards.
5.Do take pictures, if possible. Take pictures of your
destroyed vehicle, fire-damaged home, or injuries if you
can.
6.Do be honest and forthcoming with your insurer. Even
if it is embarrassing, it is better if your insurer
knows all the facts. Failing to be candid with your
insurer might invalidate your policy or cause a denial
of coverage.
7.Do understand the difference between replacement
coverage and depreciated or actual cash value. If your
policy provides replacement coverage, don't settle a
personal property loss for "actual cash value." You may
be required to replace the lost items before getting
your full reimbursement if you have replacement cost
coverage.
8.Do keep all receipts for meals, lodging, and purchases
made in connection with time spent pursuing your claim
or recovering from your injuries from the time of the
covered event until final settlement with your insurance
company.
The Don’ts:
1.Don't give any recorded or written statements to your
insurer until you are sure you understand your coverage.
Remember you are not required to allow the insurance
company to record your telephone conversation. If you
have doubts, do consult an attorney.
2.Don't automatically accept the estimate or appraisal
of your losses given to you by the insurer. Insurance
companies will often try to get you to accept their
estimator's or contractor's repair or replacement
estimates, which might be a bit low. DON'T sign any
releases or waivers of any kind until you obtain legal
advice. A bad financial situation after a major loss may
make it seem necessary for you to accept a premature,
inadequate settlement from your insurer. But you may
remember destroyed items after you have signed a release
as to payment for your personal property inventory or
other claims. For these reasons, it is advisable to
consult an attorney before signing a release or waiver.
Be sure to read the fine print on any payment from the
insurance company.
3.Don't accept any check that says "final payment"
unless you are ready to do so.
4.Don't ignore time limits set by your policy. Most
policies require a signed proof of loss within a certain
time limit. Be sure you comply with this requirement
unless you obtain a written waiver from your insurance
company. Many policies allow you only one year from the
date of loss in which to bring a legal action if your
claim has not been adjusted fairly. If your claim has
not been settled to your satisfaction eleven months
after your loss, consult an attorney immediately. A
failure to do so could result in the loss of your right
to sue.
5.Don't forget that you have a contract with your
insurer. Your insurer has a legal obligation to provide
the coverage it promised to you. Be insistent about
enforcing that obligation.
What You
Can Do Now To Help Your Case
Regardless of how major or minor you injuries might be,
it's important to document them for the court. Over
time, your injuries may heal. We make sure the insurance
company, jury and judge can see how serious the injuries
were shortly after an attack. Here are a few things you
can do now to bolster your case:
-
Take photographs of injuries
every few days
-
Obtain a copy of any pertinent
medical reports
-
Videotape the hallway or area
where the accident occurred
-
If you have any physical
impairments, document them on videotape
If you, a family member or a friend has been injured due
to the fault of another, call our office at:
(310)734-6666 or email one of our attorneys with your
questions at:
info@rastegarlaw.com. |