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The Importance of Damage Mitigation in Insurance Claims

19th May 2015

In law, the term “mitigation” refers to the principle that a party who has suffered loss must take reasonable action to ensure that no further loss is suffered.

This “loss”, and the accompanying “reasonable action”, will vary depending on the nature of the case. For example, an individual involved in a car crash will suffer “loss” as a result of the injuries they sustain. Yet if this individual refuses medical treatment, they will have failed to take “reasonable action” to minimise the amount of loss suffered.

This will make it difficult to assess the amount of loss that can be attributed to the defendant, which means that the plaintiff might be denied compensation.

Damage mitigation is intended to protect defendants from having to pay for damages for which they were not responsible. Unfortunately, we’ve seen countless examples of insurance firms relying on damage mitigation law to either severely reduce the amount of compensation they pay, or even to avoid paying it outright.

For both businesses and homeowners alike, damage mitigation is vitally important to ensure that insurance claims proceed as smoothly as possible. Whether you’re a victim of fires, floods, theft, or storm damage, the law holds you accountable for ensuring that no further harm comes to your property. This can include anything, from securing yourself against break-ins, to undertaking repair work to safeguard your property’s structural integrity.

How Can Harris Balcombe Help You With Damage Mitigation?

When you’re reeling from a fire, a flood, or a break-in, damage mitigation might be the last thing on your mind. Of course, the first step on your road to recovery is to ensure that things don’t get any worse, but how can you be sure that the actions you undertake will be deemed “reasonable”?

That’s where we come in. Our expert loss assessors are committed to ensuring that you receive the compensation you deserve. As part of our comprehensive service, we can organise all necessary emergency works to secure your property, and protect it from any further damage.

But before this, we will conduct a thorough investigation of your property in order to confirm and record the full extent of the damage for which you can claim. We will compile a detailed report with plenty of pictures, so as to leave your insurers in no doubt as to what you’re owed.

For more information about damage mitigation, or to find out how we can help you, call our 24/7 national helpline on 0844 544 1699, or 0330 022 9176.

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REASONS WHY PEOPLE CHOOSE US

At this point, you would hope that your insurance company is there to help but unfortunately, this is not always the case. We have known families who have felt intimidated by insurers and have been treated as though they have done something wrong, or are in some way to blame for their situation.

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INSURANCE CLAIM ADVICE HUB

See Insurance Claim Advice Hub
  • How to respond to a Loss Adjuster - Can you explain what happened?

    How to respond to a Loss Adjuster

    Can you explain what happened?

    Why they ask

    This is to compare your version of events against your policy coverage and timelines.

    Smart answer

    Always stick to the facts. Avoid speculation or emotional exaggeration.

    With a loss assessor

    A loss assessor will help you structure your account clearly so you don’t over- or under-share.

  • How to respond to a Loss Adjuster - When did the damage occur?

    How to respond to a Loss Adjuster

    When did the damage occur?

    Why they ask

    They’re basically verifying if the event falls within your coverage period.

    Smart answer

    Be as specific as possible with the date and time.

    Avoid

    'I think it was last week sometime...'

    Tip

    A loss assessor will ensure that this matches other documentation, like alarm logs or photos.

  • How to respond to a Loss Adjuster - Were you present at the time?

    How to respond to a Loss Adjuster

    Were you present at the time?

    Why they ask

    They want to confirm the circumstances and establish liability or negligence.

    Smart answer

    Answer honestly and clearly, and mention if others were present.

    Tip

    If others witnessed the event, a loss assessor may advise collecting statements from them to bolster your claim.

  • How to respond to a Loss Adjuster - Do you have proof of ownership or receipts?

    How to respond to a Loss Adjuster

    Do you have proof of ownership or receipts?

    Why they ask

    They want to validate the items you’re claiming for.

    Smart answer

    Where possible, provide receipts, invoices, photos or warranty documents.

    No receipts?

    No stress, a loss assessor may be able to help you establish the value using alternative methods.

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