7.7 Part E – Duties After an Accident or Loss

Any insured person, or any other person seeking coverage under the policy, must comply with the policy's required duties after an accident or loss. These duties help the insurer investigate the claim, determine whether coverage applies, and evaluate the amount of loss.

Failure to comply with these duties may result in denial of the claim if the failure prejudices, or harms, the insurer's ability to properly handle the claim.

A person seeking coverage must:

• Promptly notify the insurer about how, when, and where the accident or loss occurred, including the names and addresses of any injured persons and witnesses.
• Cooperate with the insurer in the investigation, settlement, or defense of any claim.
• Promptly send the insurer copies of any notices or legal papers received in connection with the accident or loss.
• Submit to a physical examination when reasonably required by the insurer.
• Authorize the insurer to obtain copies of medical reports and other relevant records.
• Submit a proof of loss when required by the insurer.

These duties are important because an insurance policy requires both parties to act in good faith. The insurer must evaluate and pay covered claims, and the person seeking coverage must provide the information and cooperation needed to support the claim.

When a person seeks coverage under Uninsured Motorists Coverage, additional duties may apply. If the claim involves a hit-and-run driver, the insured must promptly notify the police. This requirement helps create an official record of the incident and supports the uninsured motorists claim. In addition, if a lawsuit is filed in connection with the accident, the insured must promptly send copies of the legal papers to the insurer. This allows the insurer to review the claim, protect its interests, and respond appropriately under the policy.

When making a claim under Part D: Coverage for Damage to Your Auto, the insured has additional duties related to the damaged or stolen property. The insured must take reasonable steps to protect the property from further damage. For example, if the vehicle is damaged in an accident, the insured should try to prevent additional loss when it is safe and practical to do so. If the vehicle is stolen, the insured must promptly notify the police. This requirement helps create an official record of the theft and supports the claim investigation. The insured must also allow the insurer to inspect and appraise the damaged vehicle before it is repaired or disposed of. This gives the insurer the opportunity to evaluate the damage, determine the amount of loss, and confirm how the policy applies.