Understanding the Insurance Claims Process

Despite what insurance company advertisements may portray, the reality of filing and settling an insurance claim is often more complex and time-consuming. Insurance companies follow a detailed and methodical process to investigate claims and determine whether they will pay. Knowing how this process works can help you protect your rights and speed things up, especially if your claim is denied.

Initial Phase

The insurance claims process begins when you report your claim to the insurance company. This can be done through several channels: calling your insurance agent, speaking to a company representative via a toll-free number, submitting your claim through the company’s website, or sending written notice.

When you first report your claim, you will be asked for basic information about the loss, such as the time and location, who was present, whether anyone was injured, and whether police or fire departments responded. You’ll also be asked to provide a brief description of how the loss occurred. It’s important to remain concise and avoid guessing or speculating. Stick to the facts and provide more detailed information later, after you have had time to fully assess the situation.

Once your claim is reported, it will be assigned a claim number and an adjuster. It’s important to keep a record of the adjuster’s contact information and the claim number, as all further communications with the insurance company will typically be through the adjuster and will reference this number.

Investigative Phase

After receiving the initial claim information, the adjuster will usually contact you to schedule a meeting. During this meeting, the adjuster may take photographs of the damage and ask for a recorded statement. Be cautious before giving a recorded statement, as it could influence how the insurance company evaluates your claim. It’s wise to consult with the Insurance Claims Attorneys at Ferikes Bleynat & Cannon before providing any formal statement to ensure your rights are protected. You have the right to tell the adjuster that you want to speak with your attorney first.

In some cases, the insurance company may involve outside experts, particularly if there is suspicion about the cause of the loss. For example, in the event of a fire, the insurer may bring in a “cause and origin” expert to determine whether arson or another factor was involved. If the insurance company introduces experts, it may be an indication that your claim is under scrutiny. Consulting with one of our attorneys at this stage is critical to protect your interests.

Additionally, you may be asked to submit to an “Examination Under Oath.” This is a formal procedure where you are sworn in and questioned by a company representative, often in the presence of a court reporter. If this request is made, it’s essential to contact one of our insurance claims attorneys before proceeding.

Determination, Negotiation, and Litigation Phase

Once the investigation is complete, the insurance company will make a determination on your claim, which you will typically receive in writing. If the claim is accepted, you should receive a check for the damages, along with a release form. Before signing anything, especially if you suspect further damage or additional claims may arise, consult with one of our Insurance Claims Attorneys to ensure that you are not forfeiting any additional compensation.

If the claim is denied, it’s important to seek legal advice immediately. Insurance policies often contain strict deadlines for filing lawsuits, so any delay could jeopardize your ability to pursue compensation. Meeting with an attorney doesn’t necessarily mean you’ll need to file a lawsuit. In many cases, it’s possible to negotiate a settlement without going to court. However, if your claim was wrongfully denied and the insurance company refuses to negotiate fairly, filing a lawsuit may be the best course of action.

Our Expertise in Insurance Claims

The civil trial lawyers at Ferikes Bleynat & Cannon are highly experienced in handling insurance claim disputes, including coverage denials and bad faith claims. Our team has represented clients in cases involving homeowners, business, and health insurance policies, as well as insurance companies defending against claims. Whether you need help navigating the claims process, negotiating a settlement, or pursuing litigation, our attorneys are here to support you.

Contact Ferikes Bleynat & Cannon today to discuss how we can assist you with your insurance claim. We will work to ensure you receive the compensation you deserve.