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What Duties Must be Followed After a Loss to Get Insurance?

— August 4, 2022
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There are several duties that the individual must fulfill to make it a lot easier for them to file their claim. 

Once a person suffers a loss to their property, they will need to file a homeowners claim with their insurance company to get compensated so they can cover the damages. In most cases, the insurance company has a month or 30 days from the date of receiving the complaint to respond. However, satisfactory proof must be provided before the insurance company becomes obliged to respond.

Anyone who wants to file a homeowner’s claim should first get in touch with an insurance attorney so they can better understand how to communicate with the insurance company, and so they can get a better understanding of their legal situation.

If the insurance company refuses to comply and pay the damages on time, then individuals can take matters to court and the company will face charges related to acting in bad faith, wasted time, and attorney fees owed for the unnecessary drama. To hold the insurance company liable, a satisfactory proof of loss must be provided. 

This means that individuals have to provide enough evidence to show that substantial property damage occurred under a condition which is valid according to their personal insurance policy. Policyholders will usually be required to submit a signed and sworn proof of loss. The best way to do this is to get an attorney on one’s side and follow their advice so no details are missed out and no problems arise later on down the road.

Lake Charles, LA January 18, 2006 - Blue roofs still dot the aerial landscape in southwest Louisiana, evidence of Hurricane Rita's power when she struck almost four months ago. Photo by Greg Henshall / FEMALake Charles, LA January 18, 2006 - Blue roofs still dot the aerial landscape in southwest Louisiana, evidence of Hurricane Rita's power when she struck almost four months ago. Photo by Greg Henshall / FEMA, public domain.
Lake Charles, LA January 18, 2006 – Blue roofs still dot the aerial landscape in southwest Louisiana, evidence of Hurricane Rita’s power when she struck almost four months ago. Photo by Greg Henshall / FEMALake Charles, LA January 18, 2006 – Blue roofs still dot the aerial landscape in southwest Louisiana, evidence of Hurricane Rita’s power when she struck almost four months ago. Photo by Greg Henshall / FEMA, public domain.

There are several duties that the individual must fulfill to make it a lot easier for them to file their claim. 

These duties include:

  • Swiftly informing the insurance company of the damage
  • Preventing further damage from occurring 
  • Allowing an investigation of the claim
  • Taking photos and saving evidence to prove the damages
  • Providing evidence when requested

When a person is vigilant in carrying out their duties, they greatly improve their chances of filing a proper and fair claim. 

Filing a Bad Faith Insurance Claim in Louisiana

Individuals who do not get a satisfactory response from their insurance company should speak with their lawyer to file a bad faith insurance claim. Any insurer who refuses to review a claim within a month and who refuses to give fair reimbursement can be held to account for bad faith based on the evidence provided.

Those who have suffered property damage should make sure they get in touch with an insurance lawyer at the Houghtaling Law Firm, LLC as soon as possible so they can get legal guidance for their case.

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