Property damage claims can be overwhelming, especially when dealing with the aftermath of a disaster such as a fire, storm, or water damage. Whether you’re a homeowner or a business owner, navigating the claims process and ensuring you get the compensation you’re entitled to can be a complex and stressful experience. Public adjusters and attorneys are two essential professionals involved in these claims. While both have important responsibilities, their functions differ, influencing when you should hire one instead of the other. At PALUMBO LAW, we aim to clarify the differences between public adjusters and attorneys so you can make informed decisions about how best to handle your property damage claim.
What is a Public Adjuster?
A public adjuster is a licensed professional specializing in managing and negotiating insurance claims on behalf of policyholders. They work for you, the policyholder, and not the insurance company, unlike the insurance adjusters representing the insurer’s interests. Their primary goal is to ensure you receive a fair settlement for your property damage claim.
Public adjusters perform several functions:
- Assessing Damage: Public adjusters inspect the property themselves to evaluate the extent of the damage and ensure that all affected areas are accounted for.
- Claim Preparation: They gather all necessary documentation, including photographs, repair estimates, and other relevant paperwork to support the claim.
- Negotiating with Insurers: Public adjusters use their expertise to handle communications with the insurance company, advocating for a higher settlement. They negotiate on your behalf to ensure the insurance company does not undervalue or deny your claim.
- Maximizing Your Claim: With an in-depth understanding of insurance policies and the claims process, public adjusters can often uncover damages that might not be immediately obvious and ensure you claim every penny you’re entitled to.
Public adjusters in Rhode Island usually charge a fee of 10% of the claim payout, which is the legal maximum in RI. This fee structure is contingent on successfully obtaining compensation, so you won’t pay if no settlement is made.
What is an Attorney’s Role in Property Damage Claims?
Attorneys handling property damage claims are legal professionals with experience representing clients in legal disputes, including property damage claims. While public adjusters focus on the claims process itself, attorneys become involved when the situation escalates into a legal issue, such as when an insurer denies the claim, offers an inadequate settlement, or disputes the policy terms.
Attorneys provide the following services:
- Legal Advice and Counsel: Attorneys can help you understand your rights under the insurance policy, ensure you’re not taken advantage of, and guide you through the legal intricacies of property damage claims.
- Dispute Resolution: If an insurer denies the claim or offers an unsatisfactory settlement, an attorney can help initiate legal action. This may involve filing a lawsuit against the insurance company or taking the matter to court.
- Litigation: If negotiations fail, attorneys have the ability to take the case to court and represent you before a judge. They can help ensure that the case is presented in a way that maximizes your chances of a favorable ruling.
- Appeals: If your claim has been denied or the settlement isn’t what you expected, an attorney can assist in filing an appeal to challenge the decision.
Unlike public adjusters, attorneys typically charge hourly rates or contingency fees, which means they take a percentage of the final settlement or court award. Depending on the case’s complexity, these fees can range from 20% to 40% of the settlement amount.
Key Differences Between Public Adjusters and Attorneys
While both public adjusters and attorneys are essential in helping policyholders recover compensation, they differ significantly in focus and function in property damage claims.
Public adjusters focus primarily on managing and negotiating the insurance claim process. Their expertise lies in handling paperwork, evaluating damage, and working directly with insurance companies to secure a fair settlement for the policyholder.
On the other hand, attorneys provide legal representation and are brought in when the claim escalates into a dispute or requires litigation. If an insurance company denies the claim, offers an inadequate settlement, or if legal interpretation of the policy is required, an attorney steps in.
When Should You Hire a Public Adjuster?
If you’re dealing with a straightforward property damage claim and need assistance managing the paperwork and negotiating with the insurance company, a public adjuster can be a valuable ally. Here’s when hiring a public adjuster makes sense:
- If the Insurance Company is Slow or Unresponsive: Public adjusters can help you speed up the claims process by pushing the insurance company to act quickly.
- If the Insurance Company Offers a Low Settlement: Public adjusters are skilled in negotiating higher settlements and ensuring all damages are accounted for.
- If You’re Unsure How to Navigate the Claims Process: A public adjuster can guide you through the process of filing your claim and making sure you submit the necessary documentation.
When Should You Hire an Attorney?
An attorney should be consulted if the property damage claim involves a legal dispute or you’re not getting the compensation you deserve. Here’s when it might be time to call in an attorney:
- If the Insurance Company Denies Your Claim: Attorneys can help you understand why your claim was denied and guide you through the appeals process or litigation if necessary.
- If You’re Facing a Complex Case: If you dispute the policy’s terms, coverage, or exclusions, an attorney can help clarify your legal rights.
- If You Need to File a Lawsuit: If negotiations fail and the case is headed for court, an attorney can represent you in litigation and ensure your best interests are protected.
Contact PALUMBO LAW
Both public adjusters and attorneys play essential roles in property damage claims, but their functions differ significantly. Public adjusters are ideal for managing the claims process, ensuring that you get a fair settlement, and handling negotiations with your insurance company. On the other hand, attorneys are crucial when facing disputes or litigation, especially if your claim is denied or you’re not receiving the compensation you deserve.
At PALUMBO LAW, we are committed to helping our clients navigate the complexities of property damage claims, whether you need assistance with negotiations or legal representation in court. If you’re facing a property damage claim or have concerns about how your insurer handles your case, contact us today for a consultation. We’re here to ensure you receive the compensation you’re entitled to.
