Mitigation – What you can do to mitigate your damages
Your Obligation to Mitigate
The law requires that you mitigate damages if you are filing a claim, and will penalize your claim if you fail to mitigate. Your insurance policy will also require you to take steps to protect your property after a loss.
While insurance policies have similar language on mitigation of damages, the interpretation of the policy, and the law on mitigation of damages generally, vary from state to state. Specific guidance for your circumstances, and your state, can not be addressed on this web page.
Please consult an attorney and/or other professionals for individual
advice tailored to your own situation.
Read more about that.
For assistance after a loss to your business, home or other property
Contact
John Ruskin
at the address or phone number, below.
John Ruskin is a Louisiana attorney and a licensed adjuster in multiple states.
Additional background on John Ruskin is available
here.
There is no fee for an
initial consultation.
Mitigation Examples
Examples of mitigated damages include:
- Putting out the fire
- Removing wet carpet and pad, in the event of a flood or fire (save carpet and pad samples)
- Removing drywall and insulation, and drying out the house after a flood
- Drying and protecting clothing or furniture
- Covering windows or tarping a roof damaged by a storm
- Repairing points of entry damaged by a burglar, to prevent further, unauthorized entry
- Reopening your business
- Protecting your stock and inventory
- Getting medical care if you are injured
Depending on your insurance policy, some of your mitigation expenses may be covered. Seek competent advice from an insurance loss professional.
Another way to approach the thought of mitigation:
- What would you do to minimize your own damages if you did not have insurance, and you have no claim against another person?
Mitigation Contractors and Mitigation Companies
If your property is damaged, your insurance agent, your adjuster or other loss professional may recommend that you hire specialty mitigation companies. These companies remove wet carpet, clean smoke damage, tarp your roof, and more. The costs may be covered by your insurance company -- read your policy, and speak with your adjuster, your insurance agent or other loss professional.
For more information on steps to take after a loss to your business, home or other property, on how to prepare for an insurance claim, or assistance in the adjustment of insurance claims, please contact
John Ruskin
at the address or phone number, below.
