Should lawyer be used for large claim?

Albert88

New Member
11
Hello everyone.

I have a client who had a robbery at his house last night, and he's asking me if he should use a lawyer to assisting him in claiming a loss that is over $100,000 with items endorsed on his policy. He's already made a police report. Is my client going too far by wanting a lawyer to handle the claim or is it worth him paying a couple thousand dollars for the legal assistance.
 
I have no personal experience with this but a friend of mine was robbed a few years back - not $100K worth of claims however it was an uphill battle with the insurance company.

They did not fight him on items like his DVD player and laptop. They did fight him on some of his valuables - demanding proof they existed - receipts, photos or video.

In fact, based on that experience we have a video detailing all of our valuable possessions. The "very" valuable items - like a wedding ring or family heirlooms you probably need a rider.
 
That's probably overkill at this point.

Was it a robbery or burglary?

Did he have scheduled items on his HO policy or just a blanket endorsement?

Does he have documentation (receipts, video, etc.) of the items he claims were stolen?
 
I would suggest that the client retain a Professional Adjuster Service. They are knowledgable of the process and precedures but work as an advocate of the insured.

The first thing that comes to mind when an insured had a loss and immediately wanted atty representation would be that of concern... Why does he so quickly need that cover...? Maybe there is a reason; but that is just my suspicious nature.

Here is a link to a Prof Adjuster who advocates for insured's interest:

Adjusters Group, LLC - Professional Public Insurance Adjusters for the Insured
 
What a great advertisement that was.

Seriously , here is my 2 cents...

Isn't the agent supposed to help the client file a claim? Doesn't the client pay money for certain property insured?

If insured property is robbed... or stolen , or burglarized, then , if it is insured with a legitimate Company and if the proper Police Report was made , it seems the Insurance Company has it's own investigating procedures and will uphold its end of the bargain.

Did you sell the policy? Do you sell policies/endorsements or riders as a rule?

If you sell it, then it seems you would speak well for the Company you represent.

If the client has misgivings about coverage on his insured loss, then he "can do whatever he wants about spending his money".

The Insurance Company has lawyers and will follow the policy, regulations, laws and promises, I believe.

If you can't say that to the client, file the claim, let everyone else do their job and sleep well at night then you may need to rethink your P&C marketing (in my opinion).

The Company has liabilities . The agent does too. So, don't advise the client in realms outside of your responsibility.

You could be falling into a terrible trap. What if the Company hears you advise client to get lawyer in this case? What does it say to client about your trust in Company, if you say he should get a lawyer? Be neutral and tell him to do what he wants.
 
Sounds like a situation for "Pre-Paid Legal" to handle! BTW, robbery, means the victim was present and the perpetrator forced him by threats or displaying a weapon to hand over the property. A burglary, on the other hand means tht the property was taken without any personal confrontation with the victim. Usually the victim is not home.:elvis:
 
The idea of getting a lawyer involved is absurd --and I'm a lawyer.

As was said, what would be the point? And, in my experience, having a ham-handed lawyer putting in his 2 cents at this point would raise all sorts of red flags.

Now, if the insurance company arbitrarily turned down the claim, then a lawyer would be advisable and at that point in the claim process would be expected by the company.

And, in almost every state, if it is proven that the claim was turned down capriciously, then the client usually gets damages and attorney's fees in addition to the claim.

As for pre-paid legal, never have liked it, never will.
 
Wait and see if the company is going to pay the claim 1st. Also the Insurance Dept Help is always free.
 
He wants to use a lawyer to save himself the hassle and time. I'll tell him to do whatever he wants...well, I already did.
 

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