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Homeowners Insurance

DEALING WITH INSURANCE COMPANIES WHEN WILDFIRES
OR OTHER DISASTERS STRIKE YOUR HOME

     In other articles, we have discussed the need to obtain insurance protection for the home. In those articles we discussed guidelines on how to obtain a good homeowners policy. Evaluating the adequacy of the policy in relation to the homeowner’s needs is very important. We outlined certain essential items like doing one’s own research, shopping around for an insurance carrier, understanding what is and what is not covered in a policy, and determining what are the policy limits and what it may cost to totally replace the home if it was destroyed.

     With the recent fires all over the Southern California areas, the homeowner is confronted once again with the necessity of an adequate homeowners insurance. We may not all live in wildfire-prone areas but the risk of a fire or other disasters is ever present. However, having a good insurance policy is not enough. Knowing how to handle the insurance claims in order to obtain full payment and benefits is equally important.

     The following guidelines may help the homeowner decide what steps to take in the aftermath of a disaster:

     1. Contact the insurance company immediately to report the loss. It is very important that the homeowner has on hand the details of what happened, when, and what are the immediate damages that have resulted. (In case of a crime, like a looting after the disaster or a burglary, contact the police immediately and file a report.)

     2. Cooperate with the insurance representative or claims adjuster in the investigation of the claim. Communicate fully with the adjuster. Ask questions if the instructions are not understood. Make yourself available for meetings with the adjuster so that the insurance company can evaluate the full extent of the damages or losses.

     3. Keep a log or a diary of your dealings with the insurance company. Take down the names of the persons you speak with, the date of the conversation, and a summary of the discussion. The homeowner can send a letter to the adjuster summarizing the conversation and confirming the adjuster’s instructions or agreements. Keep a complete and separate file of all communications and documents sent or received in the course of the claim.

     4. Act prudently to prevent additional losses to the property. For example, if something fell through your roof so that there is now a gaping hole in your living room and your antique furniture will be exposed to direct sunlight (or direct rain), take immediate steps to temporarily cover the hole and prevent further damage to your personal possessions. Insurance policies may not cover resulting damage to the property if the homeowner has not taken reasonable steps to protect against subsequent property damage.

     5. Take pictures or video footage documenting damages. A photo is worth a thousand words and a video is probably worth ten thousand more. Now would be the perfect time to put those cell phone and video cameras to good use. Whether the damages are caused by fires or flooding, the photos or videotape provide the best evidence of the damages.

     6. Unless it’s an emergency, do not call anyone to repair or replace your loss without coordinating with the insurance adjuster. The insurer’s visual inspection of the damages may be necessary before repairs can begin. Do not throw away damaged property (no matter how badly it needs throwing away) until the adjuster says it is all right to do so.

     7. Deal with licensed and reputable contractors. Unless extremely necessary, do not rush into repairs or rebuilding without first considering all your options. Once you start repairs or rebuilding, deal only with licensed contractors. Ask to see the contractor’s "pocket license," together with other identification. Contact the Contractors State License Board (CSLB) at 800-321-2752 to check a contractor’s license or get further information on home and property repairs.

     8. You still have the right to hire a third-party professional to help you. This professional may be a public adjuster or a lawyer. If you hire a public adjuster to help you with a claim, be certain that the adjuster is licensed. Call the California Department of Insurance (CDI) for licensing verification and for other information about public adjusters.

     If you decide to seek an attorney’s help, make sure the attorney is experienced in insurance claims and insurance coverage. Insurance has its own technicalities and a different set of rules. It is important to find the right attorney who has expertise in this area.

     A disaster leaves more than charred roofs and displaced lives in its wake. It will leave uncertainties and challenges that the homeowner may have never faced before. Being prepared by having an adequate insurance in place and knowing the guidelines in handling the claims will go a long way to helping one survive the challenges of a disaster.

© Law Offices C. Joe Sayas, Jr.