An insured who feels that the insurer’s claims adjuster has minimized the extent of the damage must initiate a dispute resolution process. Not always easy when you’re still in shock from a tragic event!
But this is the only way to get compensation.
“The last severe storm uprooted a full-grown tree which fell on my home, causing significant damage. The expert from my insurance company, with whom I have been working for over 15 years and have never made a claim, came to estimate the damage. I cannot agree with this assessment at all. How can I challenge it?
What steps should be taken?
1- Contact the insurer
First of all, it is advisable to speak to the insurer to fully understand the reasons behind their decision in relation to the clauses of the insurance policy. If you have hired a broker to take out your insurance, contact them, they can help you.
2- Expand your file
With this information, hire the services of a claims adjuster and identify any points that seem controversial to you. In this way, you have a second opinion to support your later dispute proceedings. If there is a confrontation after this, it will be a battle of experts. The cost of this assessment varies depending on the extent of the damage.
3- File a complaint with the insurer
If the dispute persists, file a written complaint with the insurer’s complaints department. Companies usually have a website for this purpose.
4- Try to reach an agreement
The information from the second expert enables you to negotiate accurately with your insurance company. If the facts are convincing, he will undoubtedly agree to change his position.
5- Financial Markets Authority
If your complaint does not resonate with the insurer, have your file forwarded to the Financial Markets Authority. After the analysis, the organization could offer you settlement services.
6- Formal note
If necessary, send the insurer a formal notice. This is a document prepared and signed by a lawyer in an attempt to reach a resolution before legal proceedings are initiated. Cost of a formal notice: $300-$500.
7- Civil law remedy
Ultimately, if you still don’t win your case, you will have no choice but to go to court. Hire an attorney to assist you with these steps.
In Quebec, if the claim is less than $15,000, the case will be heard in the Small Claims Court. Your lawyer is not allowed to be present in court, but he will advise you in preparing your case.
Cases over $15,000 are heard in the Quebec Court or the Superior Court. The procedures are then significantly longer and more complex. Your lawyer will take care of this.
Diploma
It is better to try to negotiate a settlement than to take legal action. Please note, however, that mechanisms are in place to protect you and provide you with recourse in the event of a dispute. A collaborative, well-researched approach can avoid costly and time-consuming litigation, but always leaves you ready to defend your rights as an insured.
Advice
1. Document damage carefully, preferably with photos and videos as soon as they attract attention. This can serve as solid evidence in the event of a dispute.
2. Save all documents in connection with your claim: emails, offers, invoices and other correspondence with your insurer.
3. Hire the services of professionals qualified to assess the damage and repair your home. Quality assessment and repairs can prevent future complications.