2/C - Adjusting the Claim Flashcards

1
Q

The Claim

A

A formal request to settle the damage

  • Claimant must prove the loss and submit the total to insurer
  • Insurer sends an adjuster, who must decide whether claimant has adequately proven the loss
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2
Q

The Steps of the Claims Process

A
  1. Acknowledge the claim
  2. Establish lines of communication
  3. Prepare necessary paperwork
  4. Determine insurer’s liability in the claim
  5. Investigate the losses
  6. Determine the time and cost of repairs
  7. Apply all policy coverages and provisions
  8. Negotiate a settlement
  9. Prepare final reports
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3
Q

Acknowledge the Claim

A
  • Respond within required amount of time
  • Contact via letter or phone call
  • Keep track of the date of first contact
  • Adjuster: liaison between claimant and insurer
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4
Q

Open Lines of Communication

A
  • Make sure there is a way to communicate with claimant
  • Provide current business address & phone number
  • Respond to the claimant’s communications promptly
  • Answer any questions
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5
Q

Prepare Paperwork

A
  1. Prepare All Necessary Paperwork
    - Determine the type of claim it is
    - Prepare the necessary paperwork to process the claim
    - Make sure the claimant receives and understands how to complete the required paperwork
    - Proof of Loss forms:
    a. help insurer begin its investigation
    b. often due within 60 days
    - Promptly follow up with additional paperwork, if required
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6
Q

The Claim File

A
  1. Preparing Paperwork: The Claim File
    - Organized source of documentation for all claim details
    - Copies of all communications
    - Evidence from investigation, such as:
    a. photos/sketches of property
    b. copies of medical bills
    c. copies of all claim forms
    d. witness statements
    - Claim file must reconstruct the loss and how it was handled
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7
Q

Determine Insurer’s Liability

A
  1. Determine Insurer’s Liability in the Claim
    - Was the policy active at the time of loss?
    - Does the claimant have insurable interest?
    a. do any other parties have insurable interest (mortgage company, etc.)?
    - Does the policy cover the type of damage or injury being claimed?
    a. does the policy cover the proximate cause of the loss?
    - Is there a history of similar claims? If so, have they reduced the policy limit available for this loss?
    - Will any other policies cover this loss?
    - Has the insured met all requirements of the contract?
    a. if covered, move on to the next step
    b. if NOT covered, deny the claim with a full explanation
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8
Q

Reservation of Rights

A

Tells claimant the insurer will stat the claim, but might deny it

Used when:

  • There is a coverage dispute
  • The claimant took too long to report claim
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9
Q

Investigate a Property Claim

A
  • Inspect damages
  • Take photos
  • Interview claimant and witnesses
  • Review police report
  • Consult with professionals
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10
Q

Liability Claims

A

Investigation: Liability Claims

Bodily Injury:

  • Type of injury
  • Copies of all medical bills and receipts
  • Documentation of lost wages
  • How severe is the disability, impairment, or disfigurement?
  • Are general damages covered?
  • Did any pre-existing condition contribute to injury?

Other Liability Claims:

  • Is policyholder liable?
  • Is anyone else partially responsible?
  • Is a lawsuit imminent?
  • How much would defending a lawsuit cost?
  • What is the probability of winning?
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11
Q

Critical Evidence

A

Investigation: Critical Evidence

  • Examine scene of loss or damage
  • Photograph damage
  • Sketch the property
  • Take statements from claimant and the at-fault party (if applicable)
  • Inspect and photograph the damaged cars
  • Document skid marks to help determine point of impact
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12
Q

Official Reports

A

Investigation: Official Reports

  • Police reports
  • Fire department reports
  • Death certificates
  • Autopsy reports
  • Coroner’s inquests
  • Medical reports
  • Weather reports from the time of the loss
  • School records
  • Court records from previous crimes
  • Birth and marriage certificates
  • Coast guard reports (boating incidents)
  • Civil Aircraft Board (C.A.B.) reports (aircraft)

Additional reports helpful for auto claims:

  • State reports filed by the people involved in the accident
  • Motor vehicle inspections
  • Traffic court proceedings
  • Hack bureau reports if the accident involved a taxi
  • Reports from the Interstate Commerce Commission (ICC) for trucking accidents
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13
Q

Other Evidence

A

Investigation: Other Kinds of Evidence

Documentary/Visual Evidence

  • Deeds/leases
  • Diagrams
  • Sketches
  • Photos
  • X-rays
  • Contracts for construction or repair
  • Employer records for wage loss claims

Industry Experts:

  • Doctors and medical examiners
  • Car inspectors
  • Engineers in the field (mechanical, structural, electrical, etc.)
  • Actuaries
  • Handwriting Experts
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14
Q

Written Statements

A

Investigation: Written Statements
- Introduction:
a. identify interviewer and interviewee
b. date, time, and place of interview
- Body:
a. where, when, how the loss occurred
b. description of injuries
c. make and model of cars involved
d. where the driver started out, was headed, and why
e. what happened after the accident (conversations,
police, ambulance, hospitals, etc.)
- Conclusion:
a. interviewee verifies in own handwriting that the
statement is true
b. signature below conclusion on right of page
c. witness signs on left

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15
Q

Recorded Statements

A

Investigation: Recorded Statements

  • Introduction:
    a. state names and locations of everyone on recording
    b. age and address of interviewee
  • Body:
    a. same goal as written interview
    b. recording must be continuous: explain any interruptions
    c. stay objective: no leading or argumentative questions
    d. avoid excessive sympathy
    e. don’t discuss insurance or settlements
  • Conclusion:
    a. interviewee has a chance to add or change any details
    b. interviewee must verify that he understood all questions and answered honestly
    c. interviewer states again that conversation was recorded
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16
Q

Evaluation, Part 1

A

Evaluation Step 1: Determine Time and Cost of Repairs

  • Cost to repair or replace damaged property
  • Additional expenses caused by the loss
  • Any applicable medical bills
  • Lost wages
  • Time-frame of repairs

Competitive Estimates

  • Claimant gets additional repair estimates from different mechanics
  • Insurer compares estimates to come up with fair settlement
  • Estimates must be based on physical inspection, not pictures or descriptions
17
Q

Evaluation, Part 2

A
  1. Evaluation Step 2: Apply Policy Coverages and Provisions
    - Relevant deductibles
    - Co-insurance penalty, if applicable
    - Policy limits
    - Policy valuation: is depreciation a factor?
    - Coverage exclusions or extensions
    - Other policies that may cover the same losses
18
Q

Common Settlement Options

A
  1. Evaluation Step 2: Common Settlement Options

Property Claims:

  1. Repair property
  2. Replace with like kind and quality
  3. Replace with new
  4. Pay fair value for damaged property

Liability Claims:

  • Special damages - objective expenses like medical bills, repair bills, lost wages, etc.
  • General damages - intangible losses like pain and suffering, loss of use, etc. Often determined by court
  • Punitive damages typically not covered - but state law may allow
19
Q

Negotiation

A
  1. Negotiation and Resolution
    - Goal: to find a settlement amount that is fair and equitable for all parties
    - The adjuster proposes a settlement to the claimant
    - If the claimant doesn’t accept the amount, the adjuster will need to negotiate a sum they both find acceptable

Sometimes negotiations are not necessary if the value of the insured item is pre-established.

20
Q

Qualifying the Settlement

A
8. Negotiations
Negotiation can be extremely complex:
- Liability issues
- Multiple coverages
- Unclear causes of damage
- Disputed damages
- Legal issues
- Uncooperative claimants

The adjuster must qualify the settlement:

  • Explain the reasons for the settlement amount
  • Step-by-step justification for decision
21
Q

Prepare Reports

A
  1. Prepare Final Adjustment Reports
    - Provide final settlement documents to claimant
    - Explain settlement documents
    - Inform claimant of repair deadlines
    - Explain depreciation recovery (if applicable)
    - Store related claim documentation
    - Close the claim