10 tips for settling a contents (personal property) claim - United Policyholders (2024)

1) Get a complete copy of your insurance policy and read it!

Read through your policy, not just the declarations page. Highlight and make notes regarding important deadlines, responsibilities, and coverage amounts/limits.

2) Keep a claim diary.

Take and keep detailed notes of all conversations with insurance company representatives. Record their names, phone numbers, job titles, supervisor’s names.

3) Check your coverage limits for contents/personal property.

Most policies contain “buckets” of coverage and a maximum available amount of benefits for that bucket. Those maximums are your “policy limits.” Typically there is a bucket of coverage for your home/dwelling, your contents/personal property, temporary rent/loss of use, debris removal, etc. It’s common for your contents policy limit to be a percentage of the limit on your dwelling.

Most (not all) policies label the contents bucket as “C”. “Coverage A” is commonly your dwelling bucket. You may have endorsem*nts (extras) that add to your contents coverage. You may also have additional coverage for “scheduled”citems (such as valuables, art, collections) that you paid more for. What is considered “contents”? Picture turning your home upside down and whatever falls out, that’s your contents. Items like appliances, HVAC systems, carpeting can sometimes go in either category.

4) Understand the lingo.

Three important terms to know are Depreciation, Replacement Cost and Actual Cash Value.

  • Depreciation: The loss in value from all causes, including age, wear and tear.
  • Replacement cost value (RCV): The “new” price of what it would cost to actually repair or replace a damaged or destroyed item. Most policies these days are replacement cost policies because they’re supposed to cover the cost of replacing what you have lost. To collect the full amount you’re entitled to under an RC policy, you have to actually replace the items and send the receipts to the insurer with a demand for the balance they owe you. Insurers don’t volunteer to pay – you insist.
  • Actual Cash Value (ACV): The “old” price of an item as it was pre-loss, sometimes explained as the price a willing buyer would have paid you immediately before the event that caused your loss. Some policies limit payouts to ACV and that’s all they pay. If you’ve got an ACV policy, you’ll probably need to negotiate for less depreciation to be taken on major items, but once the check is cut, that’s all you will get, regardless of what it costs to actually replace what you had.

5) Do your best to create an inventory and update it as you remember things, get help as needed.

Your insurance company’s adjuster should give you a form or format for preparing your inventory, explain the level of detail they need, and help you get started. UP offers a free sample home inventory spreadsheet, lots of free guidance on strategies for completing one, and there are professional experts you can hire in most areas to help you. See #7 below before you get deep into the painful process of making your detailed inventory.

6) Understand that depreciation is negotiable.

On top of the time you have to put in creating a detailed personal property/contents inventory and the pain of having to remember and value cherished items you lost, you may run into problems with your insurer on how they value your personal property and how they apply depreciation. Depreciation is the loss in value of an item due to age and wear and tear. See “Depreciation Basics” for more info.

Depreciation amounts are subjective and very negotiable. There is no official schedule or set standard for how much insurers can depreciate the value of your personal property. Some adjusters try and depreciate all your property by one percentage. That doesn’t make sense and isn’t fair. The insurer’s adjuster may apply depreciation by group of similar items (furniture, clothing, kitchenware, tools), or individually by item. Ask your insurer to provide you with a copy of the depreciation schedule they use, challenge the amount of depreciation your adjuster places on your items and make your case for why they’re worth more. Some items that don’t lose value with age (antiques, items that don’t get used often) should not be subject to depreciation at all.

When it comes to the value of specific items,condition is more important than age. An older item that’s in excellent condition should be depreciated less than a newer item that’s frequently used or one that’s regularly exposed to water, sun, wind, etc.

Focus on medium and high value items and negotiate for the full amounts to which you are entitled. Extra work here can really pay off. If you set reasonable and full actual cash values and reach your contents limit just with those ACV values, you will not need to worry about collecting replacement cost, or hurry to replace items or track your replacement purchases. You’ll get your full policy limit without future reporting or restrictions needed. In most cases, however, the ACV of your contents will not hit policy limits and you’ll need to continue documenting and replacing items and working to collect your full contents benefits.

7) Request a waiver or relaxation of the requirement that you itemize every single item down to individual spices, the contents of your medicine cabinet, etc.

There are alternatives to the painful process of listing every single item that you lost. Your adjuster may agree to allow you to group list items (e.g. 25 men’s t-shirts at @ $25.00 each.) or use other shortcuts to prepare your inventory. Your adjuster may agree to pay you a portion of or all of your available contents coverage in exchange for not requiring an itemized inventory. In some cases, such as where you’re significantly underinsured, an insurer may be willing to waive the inventory requirement completely. This is rare, but it happens. See: https://uphelp.org/claim-guidance-publications/sample-letter-asking-for-a-waiver-of-the-contents-itemization-requirement/

Pressure is mounting from wildfire survivors, United Policyholders, state Departments of Insurance and elected officials in disaster areas to convince or legally compel insurance companies to grant partial waivers of detailed, itemized contents inventory requirements. There are now laws in place in California and Colorado that require insurers to offer to pay you a percentage of your available contents benefits without requiring an inventory. However, where your insurer offers to pay a set percentage of your contents limits without an inventory, you have a choice: Accept less than the full amount you’re entitled to, or complete an inventory and replace your contents to collect in your maximum available benefits.

Although it is rare to get a total waiver of the inventory requirement, some disaster survivors have successfully argued:

“I followed your recommendations on how much contents coverage to buy, but I’m close to my limit already in (ACV), and I’m only halfway through completing my inventory. I shouldn’t have to keep going – it’s upsetting and a waste. Please cut me a check for my full limits without further documentation.”

“The claim process has been a second nightmare. To avoid the further trauma of sitting down to describe all the cherished things I lost, I’ll accept 95% of my policy limits for contents – less than you owe me – to save time for me and your company. I’ve lost everything. Please make this practical business decision.”

Be sure you understand what you are forfeiting, before you make such a request! 5% of a $300,000 Personal Property/Contents limit means $15,000 of possible resources you will no longer have available to you.

8) Make all requests to your insurer IN WRITING. Creating a paper trail is important. Confirm agreements, disputes and deadlines in writing via letter, fax or email.

9) Ask for extensions if you need them. If you need an extension to complete your list or an extension for the time to replace your items, make the request in writing. If your adjuster says “no”, don’t be hesitant to go over his head and ask a supervisor. For a sample letter requesting extensions, visit our Sample Letter and Document page.

10) Be patient and realistic about the content claim process.

  • Listing all of your items takes time, particularly when you have been through a trauma.
  • Avoid rushing into a quick settlement. It is fast, but you may end up
  • Inspect both sides of any checks received. Do not accept any checks with words such as “full,” “final,” or “settlement” printed on them unless you are absolutely sure the check is for the full amount owed. If necessary, ask the adjuster to issue a new payment without those words.
10 tips for settling a contents (personal property) claim - United Policyholders (2024)

FAQs

How does contents insurance pay out? ›

How does contents insurance work? If something goes wrong, like a burglary, leak or fire, you can make a claim to the insurer for any items that are damaged, lost or stolen. They'll then check if your situation is covered and work out how much money they'll give you.

What is the insurer's right to settle? ›

In California, "an insurer, who wrongfully refuses to accept a reasonable settlement within the policy limits is liable for the entire judgment against the insured even if it exceeds the policy limits." California Insurance Code §790-790.15 states that the insurer has an obligation to attempt "in good faith to ...

How do I make a successful insurance claim? ›

You'll need to include copies of all paperwork that will help your claim, including receipts or medical certificates. You should also keep copies of the originals in case your claim is queried or refused. Your insurer may ask if you have other insurance that may cover the claim.

How to value items for an insurance claim? ›

When it comes to the value of specific items, condition is more important than age. An older item that's in excellent condition should be depreciated less than a newer item that's frequently used or one that's regularly exposed to water, sun, wind, etc.

How to get the most from an insurance claim? ›

It's essential to gather all the necessary evidence to demonstrate the extent of the damage and the costs of repair or replacement. To show proof, you should start by taking photos and videos of the damaged property. You can also keep a detailed inventory of damaged items, including their age, condition, and value.

Is it worth claiming on contents insurance? ›

To claim or not to claim? Before filing a claim, consider the cost of the excess and the potential for premium increases against the cost of the damage. In cases of minor damage, it might be more economical to handle the repairs yourself to prevent future hikes in insurance rates.

What is the defendant's offer to settle? ›

- A party making a defendant's offer is offering something to settle their opponent's claim, counterclaim, additional claim, appeal, cross-appeal or costs assessment proceedings and to accept a liability to pay costs.

What is the settlement offer rule? ›

Discussion: Rule 3-510 is intended to require that counsel in a criminal matter convey all offers, whether written or oral, to the client, as give and take negotiations are less common in criminal matters, and, even were they to occur, such negotiations should require the participation of the accused.

What happens if insurance doesn't want to settle? ›

When an insurance company refuses to settle, it may be liable for the full amount of the excess judgment after trial, notwithstanding the lower policy limits. This duty of good faith aligns the insurance company's incentives with those of its insured.

How do you make a strong claim? ›

Strong claims are debatable, focused, and specific. Strong reasons are logical and clear, and they directly support the claim, answering the question Why is this claim true? Strong evidence is accurate, convincing, and relevant to the argument at hand.

How do you win a claim? ›

One of the critical steps in winning an insurance claim is providing sufficient evidence to support your case. Document the incident by taking photographs or videos of the damage or injuries sustained. Additionally, gather any relevant documents such as police reports, medical records, or repair estimates.

How do you calculate value of contents for insurance? ›

When taking out contents insurance, you'll need to provide the cost of the possessions inside your house. To do this, you should add up the value of all your contents. This includes furniture, appliances, electronics, clothing and anything else you would take with you if you moved house.

What is a content manipulation charge? ›

Contents manipulation is when fire or water incidents affect your belongings, filling them with dirty water, dirt, or ash, compromising their functionality and appearance. For instance, the sofa or chairs that drip in dirty water or get covered with dust can be cleaned, making them look as good as new.

What is not included in contents insurance? ›

Most contents insurance doesn't include cover for accidental damage. It may be worth adding this if you want cover for mishaps, such as staining your couch or smashing a vase. Also check what isn't covered, for example, damage to clothing or computers.

What is covered in contents insurance? ›

Contents insurance covers the belongings you have in your home. This includes your furniture, curtains, internal blinds and carpets, as well as electrical appliances, and even your clothes, shoes and handbags. Learn more about contents insurance.

How long does it take to get a contents insurance claim? ›

The time that it takes an insurance claim to finalise could be anywhere between a week, a month or even a year. Once you've made a claim through your current insurance provider, the only thing you can do is wait, unless your provider advises otherwise.

How does insurance pay for contents? ›

Replacement cost coverage helps reimburse you for the cost of replacing a damaged item with one of similar type and quality. Actual cash value coverage usually pays you the cash value of the contents you insured, but factors in depreciation of the item, the Insurance Information Institute (III) says.

How do contents claims work? ›

The “normal” contents claim process is: the claimant (with help from an adjuster) prepares a detailed list of every single damaged or destroyed item noting approximate age, value, and replacement cost.

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