Jump To Navigation
Uninsured Motorists

Do's and Don'ts: Insurance Claims

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. Next, call an attorney to get valuable legal advice about your accident claim.

DO review and understand your coverage before talking to your insurer or your agent. Read the "Coverage" and "Exclusion" of your policy in particular.

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 supervisors' names.

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. DO take pictures, if possible. That doesn't mean you should sneak a "PatientCam" into surgery with you, but take pictures of your destroyed vehicle, fire-damaged home, or injuries if you can.

DO take pictures, if possible. That doesn't mean you should sneak a "PatientCam" into surgery with you, but take pictures of your destroyed vehicle, fire-damaged home, and injuries.

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.

DO understand the difference between replacement coverage and depreciated or actual cash value. If your policy provides replacement coverage, do not 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.

DO keep all receipts of 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

DON'T give any recorded or written statements to your insurer until you are sure you understand your coverage, or, even better, until you have consulted with an attorney. Remember you are not usually required to allow the insurance company to record your telephone conversation. If you have doubts, do consult an attorney.

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 accept a premature, inadequate settlement from your insurer. However, later you may remember destroyed items after you have signed a release for payment for your personal property inventory or other claims. For these reasons, it is advisable to consult an attorney before signing any release or waiver. Be sure to read the fine print on any payment from the insurance company.

DON'T accept any check that says "final payment" unless you are ready to possibly give up some of your rights surrounding the claim.

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.

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. An experienced personal injury attorney can explain your contractual rights under the insurance policy.

Copyright © 2012 FindLaw, a Thomson Reuters business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Return to Main

New Immediate Representation | Tired of Insurance Hassles | We'll represent you right now | Click Here | Call Now Toll Free 1-800-300-8561

- Free Advice!
- Free Consultations!
- No Out of Pocket Fees!
- Contingency Fees!
- We Get Paid Only if We Win Your Case!

Contact Us

NOTE: Labels in bold are required.

Contact Information
  1. CAPTCHA

  2. disclaimer


What Our Clients Say

Client Testimonial:

"I am impressed the way your firm took care of me, and I am pleased with results. "


KW, Satisfied Client, San Jose, California

"Great Settlement, Thank You."
R.H. - Milpitas, CA

"Mr. Bloxham treated me honestly and fairly - Thanks!"
A.T. - Pittsburg, CA

"I was disappointed in a previous attorney. Thanks for handling my sister's case - I appreciate the care that you took with her."
P.O. - Concord, CA

"Good Job, Thank You."
T.E. - Brentwood, CA

"Thanks for fighting for me, Mr. Bloxham. I appreciate your efforts."
B.K. - Concord, CA

"With my serious injuries, I appreciate that you were able to come to my home and get my case started right away - Thanks."
T.K - Walnut Creek, CA

BBB | Better Business Bureau | www.bbb.org

Click here to see our A+ Rating

Injury Law Center Law Offices of Jack Bloxham
  • Injury Law Center - Walnut Creek
    Law Offices of Jack Bloxham
    2099 Mt. Diablo Blvd., Suite 201
    Walnut Creek, CA 94596

    925-280-4800
    Walnut Creek Law Office

  • Injury Law Center - San Jose
    Law Offices of Jack Bloxham
    2570 N. First Street
    Second Floor
    San Jose, CA 95131

    408-224-3286
    San Jose, CA Law Office

  • Injury Law Center - Fremont-Hayward
    Law Offices of Jack Bloxham
    34716 Alvarado-Niles Road
    Union City, CA 94587

    510-832-1177
    Union City Law Office

  • Injury Law Center - Oakland
    Law Offices of Jack Bloxham
    166 Santa Clara Ave
    Oakland, CA 94610

    510-832-1177
    Oakland Law Office

Disclosure: Photos may not depict cars, places or situations related to clients or cases. Other photos may not depict attorneys or clients of the firm. The photos are intended only as dramatizations. Testimonials or endorsements, or statements regarding the outcome of a case should not be construed as a guarantee or warrantee or prediction regarding the result or outcome of your or anyone’s legal matter. Each case has its own unique facts, and the outcome of each case will differ.

San Jose personal injury attorney Jack Bloxham represents clients in negligence and wrongful death litigation related to motor vehicle accidents of all kinds in the Greater Bay Area of Northern California, including Alameda County, Contra Costa County, Santa Clara County, Solano County, San Jose, Walnut Creek, Union City, Oakland, San Francisco, Fremont, Hayward, Pittsburg, Richmond, Dublin, Concord, Fairfield, Benicia, Vallejo, Los Gatos, Napa, Pleasanton, Livermore, Antioch, Santa Cruz, and San Mateo.