Steps to Be Taken After Notice of Claim

When the claim handler first becomes aware of a new UM/UIM claim, the first question to ask is whether the claim was filed in a timely manner. If not, and there is prejudice to the insurance carrier in not being able to investigate or adequately handle the claim, a disclaimer of coverage may be in order, and the claim may be ultimately dismissed. The claimant may argue as an excuse, that the nature or extent of claimant's injuries were unknown, or that deterioration of the claimant's medical condition took many months, and that is the reason why the notice was given long after the accident. The policy language and the law of the state of the accident or the policy in which the insurance policy was written must be analyzed to determine the best course of action for the claims handler. Local legal counsel should be immediately retained to advise and take any appropriate action to defend the claim.