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Monday, February 23, 2009

When you have a claim, avoid these mistakes with the insurance company

1. Not understanding or knowing what coverage you have on your policy. Policies are written in language which is hard to read and understand. But, it is a mistake to give up without trying to read it. Often the company does not do what it promises in the policy and its claims handlers haven't read it either. They often are taught just to respond to claims the way the company tells them. But, if your policy says you are covered, you are covered despite what the insurance company may tell you on the phone.

2. Don't wait too long before going to see a doctor. If you are injured but you wait, hoping that the pain will go away, you likely are making a mistake. Injuries can get worse with time. Don't self-diagnose yourself, get an opinion from a physician.

3. Don't delay informing your insurance company that there is a claim. A long time without notifying the company might even result in an excuse for your company to deny your claim. Your policy might have a provision about how much time you have to notify your insurance company. In Pennsylvania, the company can't deny a claim based on 'late filing' unless the delay caused actual harm to the company's ability to process the claim (as long as you don't delay past two years (bodily injury) or four years (other contract claims). While this may only happen in rare instances, the more promptly you get information to your insurance company, the more promptly they should. It also lessens chance that they will an excuse to deny your claim.

4. Don't let too much time to pass before responding to requests from your insurance company. This is another area that insurance companies sometimes use as an excuse to deny claims.

5. Don't exaggerate your claim. Sometimes people feel like they need to make it clear as to their injuries and in doing so may exaggerate. This is the wrong this to do. Furthermore, the insurance company and the doctor they may send you to be examined by are experts at spotting this.

6. Don't fail to document your losses. Simply contacting the insurance company and telling them what they need to pay is not enough. Documentation is what they evaluate the claim on. Receipts, bills, invoices and written estimates are important. The adjuster must explain how they value your claim to their supervisor. Make that possible by providing the documentation necessary.

7. Don't settle too quickly or without knowing the full extent of your damages. Once you sign a settle and sign a Release, you will not have the ability to come back later. If you feel that your insurance company put you in a position that you have no choice but to settle for less than what you are entitled, you should talk to a lawyer to see if they can help.

8. Never sign a document without understanding it. If you just assume the document you are signing says what you have agreed to and only that, you are making a mistake. Don't just read the paperwork, make sure you understand it. Ask the adjuster questions if you have to. Even then, keep in mind, especially when it's the other driver's insurance company, they are representing the company and may not be looking out for your interests (even though your own company is supposed to, it doesn't always happen). You might be signing away your rights or future claims. Most agreements offered by insurance companies have provisions that you never discussed. Some likely won't be a problem, but others will. You will need to be able to tell the difference. If you don't understand language in the proposed agreement or contact, either change it so it says what you have agreed to, or ask that they explain it to you.

9. Trying to do it alone may be a mistake. We all know that life is unpredictable. That is the point of buying insurance to protect yourself against losses that may happen. You've paid your insurance premiums year after year. Now, when you have had an injury or a loss, you should be able to focus on getting better or recovering from the loss. But trying to do it alone, you spend much of your time and energy arguing with the insurance company. Either the one that you hired to protect you or the one that was supposed to insure the other driver or at-fault person to cover such an event. This can get overwhelming. You don't want to make a mistake that will prevent you from recovering what you are entitled. Consider contacting a lawyer who is an expert in this area of law.

If you have any more questions, or would like additional information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
610-948-4800

www.mayerson.com

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