Demand Your Rights: Requesting Claim-Related Documents from the FAIR Plan
Did you know you have the right to access "Claim Related Documents" from your insurance carrier?
This powerful right allows you to see the information the FAIR Plan is using to investigate and adjust your claim. This guide explains your rights and how to request these crucial documents.
Your Right to Claim-Related Documents:
Insurers are legally required to inform you of your right to request "Claim Related Documents" that they create or receive during the claim process. This right is significant because it compels the FAIR Plan to share portions of its investigation with you in real-time.
Understanding "Independent Adjusters":
The FAIR Plan often uses outside inspectors to assess your home and determine the scope of loss and repair costs. While the FAIR Plan may refer to these individuals as "Independent Adjusters," it's important to understand their role. They are not truly independent, as they work for the FAIR Plan and are likely to follow their instructions. They also lack the authority to determine coverage, establish the scope of damage, or pay benefits.
FAIR Plan's Resistance to Transparency:
The FAIR Plan has a history of resisting the disclosure of Claim Related Documents, withholding reports, photos, and communications from its retained experts.
Court Ruling in Favor of Policyholders:
Recently, a court ruling affirmed that the FAIR Plan is legally obligated to comply with the law and provide these documents.
"Work Product" Excuse:
Despite the court ruling, many insureds have reported that the FAIR Plan is denying requests for Claim Related Documents, claiming they are "work product" and therefore protected from disclosure. This is a violation of the court's order and will be addressed in a contempt proceeding against the FAIR Plan in May.
Report Denials to Our Firm:
If the FAIR Plan denies your request for Claim Related Documents based on the "work product" excuse (which only applies to documents created by lawyers), please notify our firm immediately.
How to Request Claim-Related Documents:
If you haven't already submitted a request, use the following suggested language:
"Dear [Adjuster/Manager],
Please provide all Claim Related Documents in this claim going forward. Please include all reports, photographs, and communications with your site inspector and any other vendors or third parties you rely on to investigate and adjust the claim.
Thank you,
You"
Conclusion:
Exercising your right to request Claim Related Documents is a crucial step in ensuring a fair and transparent claims process with the FAIR Plan. Don't let them withhold information that could impact your claim.
Download our sample letter for requesting Claim Related Documents from the FAIR Plan. Assert your rights and gain access to the information you need to navigate your claim effectively.
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