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I Got A Check From My Insurance Company... Now What? - YouTube
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Hey everybody this is Your Insurance
Attorney Anthony Lopez, from Marin Eljaiek
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Lopez and Martinez, and today we're going to
discuss I got a check from my insurance
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company what happens next. So good news
is if you've got a check and this video
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is relevant to you, well you're halfway
there. That means the insurance company
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has at least acknowledged coverage for
your claim. So now you've got this check
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what do you do next and that's a great
question. So a lot of insurance companies
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will send you a check and they will put
some pretty tricky language on the back
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of that check and if you don't look at
it and if you're not careful and you deposit
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that check you could potentially
jeopardize your rights to make a
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supplemental or reopen your claim. So
it's really important that when you get
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your first check from that insurance
company that you look on that check and
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see if it says anything like full and
final settlement because if it says
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language like that you could potentially
jeopardize your rights to make a
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supplemental claim. But let's say you got
this check and it does have that
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language does that mean you can't
deposit it? No, it doesn't. As a matter of
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fact, I get clients all the time that
bring checks to my office that have
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language like that on the back and what
we do is my office will send a specific
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letter to the insurance company advising
them that my client received a partial
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undisputed payment of the claim and then
we are able to seek additional
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compensation from the insurance company.
So it's very important that when you get that
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check that you don't just deposit it.
Make sure you look at your check to see
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if you may be giving away any of your
rights by depositing that check. So let's
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say you're you get that first payment
from the insurance company and it
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doesn't have any language like that or
you don't see anything odd on the check
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you deposit it. Can you reopen your claim?
Can you seek additional money? The answer
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is yes. A lot of clients come to me after
they've made the claim themselves
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seeking additional compensation. There's
a whole process involved in getting
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additional money from the insurance
company. There are mechanisms that are
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out of court.
Mechanisms called appraisal
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which sometimes
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is an effective way of getting the claim
resolved. Another way of getting the claim
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resolved is simply sending a request to
the insurance company requesting a
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supplemental payment. And in order to get
that money you may have to send in a
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sworn proof of loss, you may have to send
in a contractor's estimate showing that
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the damages at your home are in excess
of what the insurance company paid you,
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and the third way of doing that is by
filing a lawsuit against the insurance
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company for breach of the insurance
contract. Insurance companies in Florida
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have an obligation pursuant to the law
to pay you at least the actual cash
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value of your claim and if an insurance
company breached that obligation you may
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be entitled to file a lawsuit against
your insurance company for breach of
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that insurance policy. So the good news
is, if you're one of these people that
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I'm talking to that received that
initial check, you're halfway there. The
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insurance companies acknowledged
coverage. The next steps can be tricky.
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Again, look at the check to make sure it
doesn't have any language on it that
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might preclude you from making a
supplemental claim if you deposit that
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check. If you're unsure whether or not
your check says that, please call me or
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email me or you can reach out to my
office and we can help you with that
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claim. If you've deposited the check and
you're not sure if it had that language,
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again, feel free to send us a copy of
that check and we will, for free, look and
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advise you on what your remedies and the
next steps are as it relates to getting
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a supplemental payment. If you think this
video was helpful and you liked what you
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heard, feel free to comment below,
subscribe to my channel, and if you have
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any questions about an insurance claim
or any any steps along the way or the
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process, feel free to write those
questions down below or comment and I
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may address that question on my next
video segment. Again this is Your
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Insurance Attorney, Anthony Lopez, and
thanks for listening.
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