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Protecting Your Rights - What can you do to protect yourself against unfair claims practices?

Tips To Help Protect Your Insurance Claim

  • Don't assume the insurance company intends to fully protect you. Assume that the insurance company intends to resolve your claim for the lowest amount it can.
  • Know your basic rights
    1. Obtain and read a copy of your policy. (Click here for more information on how to interpret an insurance policy.)
    2. Obtain a copy of the applicable insurance regulations (Click here for more information on the California Department of Insurance Regulations.)
  • Do not rely on oral representations from an insurance adjuster. Confirm all important promises in writing.
  • Keep all insurance documents during the claim in one file.
  • DO NOT exaggerate your claim. Your credibility is critical to a fair claim settlement.
  • Ask the insurance company to provide you with a copy of important documents.
  • Maintain a copy of any statement you provide to an insurance company.
  • If an insurance company representative comes out to visit you, ask for a copy of his/her report on the visit.
  • You may tape record any in-person conversations with either insurance adjusters or experts of the insurance company, provided it is clear they know that they are being taped.
  • If you are sent to an independent medical examination, in most instances you may either tape record it or video tape it.
  • Maintain a log of all significant events including correspondence, contents of phone conversations, meetings and interviews and, if relevant, medical appointments.
  • If you are asked to appear at an examination under oath, be aware that this is a dangerous proceeding. For more information on Examinations Under Oath, click here.

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