Skip to main content

Do homeowners insurance companies investigate first before litigating a suit?

San Diego, CA |

If a home owner claims to their homeowners insurance company that a third party damaged or vandalized their property and the home owner wants to file a claim to repair the damages, does the homeowners insurance company first investigate by contacting the supposedly responsible person first to get their story and doing an investigation before litigating?

Attorney Answers 3

  1. If the insurer learns who committed the vandalism, they may try to contact that person, but people rarely admit to vandalism. More likely, the investigation will consist of interviewing the insured, taking photos, diagraming the loss, and trying to locate and interview witnesses.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -

  2. If you have a covered loss, the insurance company may send someone out to see the damage and evaluate the value to repair or replace. If the cost to make the repairs / replacement warrants it, they may file suit against the responsible party.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

  3. Generally the insurance company will conduct an investigation in this type of case and try to talk to the alleged vandal, the police may also get involved through you or the insurance company. The vandal may not speak with anyone, even the police, as they will not want to admit anything and they can take the 5th amendment. The insurance will want to do an inspection, get statement from the owners and any witnesses, take pictures, estimate the damages to prepare a cost of repair and determine any non-covered items, etc. They will also be looking for any type of fraud which may have been committed by the homeower, such as arson, etc.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.