Maybe you didn't realize the damage to your home was quite as bad as it is. Maybe you were busy and couldn't find the time to report a minor fender-bender. Maybe you thought it wasn't a big deal if you didn't report your claim immediately, but it can dramatically impact the claim outcome.
An insurance policy is a contract between you (the insured) and the insurance company. The contract itself is your policy that details who is responsible for what and when. It is very black and white, so it is critical to understand what can make or break the outcome of a claim within the policy itself.
Whether you have a NH car insurance policy, NH homeowners policy, NH commercial policy, or any other property or liability policy, a condition of the policy itself is giving prompt notice of the loss or damage to the insurance company. This requirement is typically listed under the "Conditions" section or "Duties after an Accident or Loss." It may also go on to explain that the insurance company has no duty to provide coverage under the policy unless there has been full compliance with the duties listed including prompt reporting.
Though waiting to report a claim may not seem like a big deal, the insurance company has every interest to ensure no further property damage is caused by not reporting a claim. Think about these situations to get a better understanding:
Scenario: A shopping cart rolled into your car door and scratched it. You weren't going to file the claim, but now there is rust so you would like to open a claim.
Outcome: The claim is denied as rust occurred because of the delay in reporting the claim and the car not getting fixed promptly.
Scenario: Your water heater burst and seeped into the finished area of your basement. You sopped up the water, but never got around to filing a claim as the towels appeared to have done the trick. Six months later, you cannot eliminate the mold smell from the drywall and carpet. You decide now you better file the claim.
Outcome: The claim is denied, given that the mold appeared due to not drying out the basement properly. Had a claim been filed, additional damage would not have occurred.
Most personal and business policies provide coverage for legal defense in case of a liability claim, which is invaluable given the cost of attorney fees. If you consider your insurance company as your lawyer, you begin to understand why it is essential to immediately report any possible liability claim to your insurance company.
The insurance company wants every opportunity to defend you, which can take time. Your claim may be denied if the insurance company does not have time to defend you properly.
Scenario: You are a NH business owner and receive a letter saying someone slipped and fell in your parking lot. You ignore the letter because you take good care of your parking lot and think it is a scam. Later, you receive a formal letter from an attorney, but ignore it because you are too busy to deal with this nonsense. You then get a subpoena indicating you must appear in court to defend yourself in a few weeks. You then decide you better file a claim with your insurance company. If your insurance company cannot investigate the claim properly due to a time restraint, they have the right to deny coverage.
At HPM Insurance, we have also seen a few clients over the years completely ignore letters and subpoenas from the court and don't show up in court when required. This typically results in them losing the case and having to pay damages. If the insurance company never had the opportunity to defend the insured, they would not contribute to paying the damages, whether legitimate or not.
Insurance is complicated, and you certainly don't want your premiums to increase unnecessarily by filing a seemingly frivolous claim. Talk to your insurance representative if you have a claim and are unsure whether to file it. They can at least review your options, coverages, and deductibles so you can make an informed decision on what you should or should not do. A ten-minute discussion with your agent could save you thousands in the long run.