Detailed Answer
Disclaimer: This is educational information only and not legal advice. If you need legal advice about your specific situation, contact a licensed attorney in Wisconsin.
After you submit an insurance claim in Wisconsin (for example, a homeowner’s claim for storm damage or an auto claim after a collision), the claim will move through several common steps. These steps help the insurer decide whether to pay, how much to pay, and under what part of your policy the payment applies. The exact timing and process can vary by insurer and by the type of insurance, but most claims follow the outline below.
1. Acknowledgment and claim number
Soon after you file the claim, the insurer typically sends an acknowledgment. That acknowledgment usually provides a claim number and the contact information for the assigned claims representative or adjuster. Keep that number and the adjuster’s contact details. Use them in every communication about the claim.
2. Assignment to an adjuster or examiner
The insurer assigns an adjuster (or examiner) to investigate. For large losses, the insurer may send a field adjuster to inspect the property or vehicle in person. For smaller losses, the insurer may rely on photos, repair estimates, and written statements.
3. Investigation and evidence gathering
The adjuster will gather facts and documentation: the policy, the cause of loss, photos, invoices, police reports (if relevant), contractor or repair estimates, and any statements from you or witnesses. Expect requests for documentation and clarification. Respond promptly and keep copies of everything you send.
4. Coverage review
The insurer reviews your policy to determine whether the reported loss is covered. Coverage decisions turn on the policy language (insuring agreements, exclusions, limits, deductibles) and the factual record. If coverage is unclear, the insurer may seek additional information or a coverage opinion from a supervisor or attorney.
5. Damage evaluation and valuation methods
The insurer determines the value of the loss. Valuation may be:
- Actual cash value (ACV) — replacement cost minus depreciation, commonly used for older property;
- Replacement cost — the cost to replace damaged property with similar materials (may require you to actually replace the property before receiving full replacement-cost payment);
- Agreed value or appraisal — used rarely where the parties agree on value in advance or use an appraisal clause to resolve disputes.
6. Decision: approval, partial payment, or denial
Once the insurer completes investigation and valuation, it makes a coverage decision:
- Approved and paid: The insurer issues a payment (or multiple payments) for covered amounts, minus your deductible. Payments may go directly to you or to you and your mortgagee/lienholder if required.
- Partial payment or reservation of rights: The insurer may pay some items while reserving the right to investigate other aspects further. A reservation-of-rights letter explains that payment is not a full admission of coverage for all claimed damage.
- Denied: The insurer can deny coverage if the loss is excluded, the insured fails to meet conditions, or the insurer finds insufficient proof. A denial should explain the reasons in writing.
7. Requests to fix, repair, or replace
For property and auto claims, the insurer might require estimates from approved contractors or ask you to obtain competitive bids. For large losses, the insurer may require inspections during repairs or documentation proving the work was completed before paying the replacement-cost portion.
8. Communication and timelines
Wisconsin insurers must handle claims in a timely manner under generally accepted claims practices. If you face unreasonable delay, track all communications and request written status updates. Keep records of dates, who you spoke with, and what was said.
9. Disputes, appraisal, and appeals
If you disagree with the insurer’s valuation or coverage decision, you usually have options:
- Internal appeal: Ask the insurer for a written explanation and request reconsideration.
- Appraisal or dispute resolution clause: Many policies include an appraisal process for valuation disputes. Appraisal typically requires each party to select an appraiser and, if needed, an umpire to decide value.
- File a complaint with the Wisconsin Office of the Commissioner of Insurance (OCI): OCI handles consumer complaints about insurers and can investigate unfair practices. Visit the Wisconsin OCI at https://oci.wi.gov for consumer resources and complaint forms.
- Consider legal counsel: If the insurer denies a covered claim or acts in bad faith (e.g., unreasonably delays payment or fails to investigate), you may want to consult a Wisconsin attorney who handles insurance disputes.
10. Final payment and claim closure
When adjustments conclude, the insurer issues a final payment and closes the claim. Request a written statement showing payments, subtractions (deductible), and any remaining insured responsibilities.
Hypothetical example (illustrative)
Jane files a homeowner’s claim after a severe storm causes a leaky roof and water damage. Within 48 hours, her insurer acknowledges the claim and assigns an adjuster. The adjuster inspects the attic, reviews Jane’s photos, and asks for a repair estimate. The insurer approves emergency repairs to stop further damage, pays that portion, and later issues a partial payment for permanent repairs after receiving contractor invoices. Jane disputes the depreciation amount. She requests appraisal under her policy. The appraisal process ultimately resolves the valuation dispute, and Jane receives an additional payment.
When you should consider getting an attorney
- The insurer denies a claim that reasonably appears covered by your policy.
- The insurer unreasonably delays investigation or payment despite repeated requests.
- The insurer pays a much lower amount than independent estimates and will not negotiate.
- There are complex issues such as potential liability, multiple insurers, or large commercial losses.
Legal protections and resources in Wisconsin
Wisconsin regulates insurers and handles consumer complaints through the Office of the Commissioner of Insurance (OCI). If you think an insurer engaged in unfair claim practices, report concerns at OCI. For legal disputes, consult a Wisconsin attorney with insurance experience.
Helpful Hints
- Document everything: date the incident, take photos, keep receipts, and save all emails and letters from the insurer.
- Get a claim number and the adjuster’s name and direct contact info at the first call.
- Respond promptly to information requests. Delay can slow your claim or give the insurer a reason to deny coverage if you breach policy conditions.
- Keep contemporaneous notes of every call with the insurer: date, time, person you spoke with, and what was discussed.
- Before signing any release or waiver, understand what rights you give up. If unsure, get advice from a lawyer.
- If repairs are urgent, save receipts and photos of emergency work; insurers often reimburse these costs if covered.
- Use your phone to record damage and progression; make backups of digital files in case items are lost during repairs.
- If you disagree about value, check whether your policy has an appraisal clause and follow its procedures strictly (timelines and selection rules matter).
- Contact the Wisconsin OCI for consumer guidance and to file complaints: https://oci.wi.gov