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How to Submit a Property Damage Insurance Claim in Michigan

Hello, my name is Michael Baldwin at Baldwin Legal Services. I am a personal injury lawyer, a legal counselor and an insurance specialist in the State of Michigan. Today, I want to briefly explain what you need to know to properly submit a Property Damage Insurance Claim in the State of Michigan.

I start my presenting a parable. The wise tale of building one’s house upon stone and not sand holds true when talking about insurance claim presentment matters.

When it comes to insurance claim presentment to an insurance claim representative, the more documentation you provide in support of your claim, the higher the probability of success in getting your claim paid, and for the amount you requested.

It is important to note that until an insurance company actually denies the claim in writing, you can not bring the matter into court. There are limited exceptions, but they are a topic of discussion outside the scope of this presentation.

The first thing you need to do after you have sustained a property damage loss is to notify the insurance company of a claim immediately, and request a claim number. Typically, you can notify them by telephone.

Next, you will be required to fill out a document called a scheduled contents in proof of loss. This document itemizes the contents history of ownership. For example, what was the item’s purchase price, how old was the item at the time of loss, and the depreciated adjustment.

Next, you will be required to transpose the claimed amounts from the scheduled contents in proof of loss onto another document called a Sworn Statement in Proof of Loss. This document will require you to list the full amount of damages being claimed by your insurance company, be signed it in the presence of a notary public under an attestation clause and will make up the foundation of your claim for money damages. Basically, these documents inform the insurance company of what you are asking them to pay for your damages.

Once the insurance company receives your paperwork, then your file will be assigned to a claims handler to process the information you provided and follow up with you in writing to request additional information, if necessary. Next, your claim will ether be paid, sent to an insurance claims investigator, or denied in writing. Typically, the information requested deals with items claimed and proof of ownership. Examples include sales receipts, photographs of contents, shipping boxes and product warranties, power cords and accessories to appliances. Oftentimes, saved shipping containers and boxes help the claims handler in determining ownership and proof that the item(s) did, in fact, belong to the claimant and were purchased by the claimant. During this phase of the claims submission process, there will a passage of time. The reason for any delay is that insurance companies move at a different pace then individuals, because of departmentalization and size. I always advise people to image them submitting a claim to a government agency. It is not uncommon to have a claim presentment take three to six months on average. Also, my advice is to never telephone an insurance agent unless you are returning their call. You will only frustrate the situation. Instead, put everything in writing, save a copy of it, and mail it to the insurance company with the claim number. You are not only obligating the insurance claims handler to address your inquiry, but you are also building a written file history to use in your defense should the need arise.

To drive this point home, as a practicing attorney in the area of insurance law, I have never called a claims handler unless I was returning a telephone call from them. Always write letters requesting updates to your claim file. Email works just as well. Finally, if the insurance company decides to schedule you for an Examination Under Oath, you must attend, or your claim will be denied for failing to reasonably cooperate in the insurance investigation. Failing to reasonably cooperate during the insurance investigation is devastating to your case, because you cannot sue the insurance company in court based on this type of claim denial by the insurance company. There are no exceptions to this rule.

On a final note, you can retain a lawyer to act as a legal counselor at any time who can assist you with your claim presentment, and I advise that you do so, because your lawyer will ensure that your claim presentment is built upon stone and not upon sand, should you need to litigate your claim in court at a future date.

What can you do if you have an insurance claim? You can contact me right away to discuss your insurance claim, and go over your insurance coverage benefit questions so that you understand what insurance coverage you are afforded after properly present your insurance claim following a property damage loss.