You've just learned of a claim being made against you. Now what?

posted by James West on Monday, November 26th, 2018

claim made against you

You have just been served with notice a claim has been filed against you.  What do you do?  Just as important, what don’t you do?


  • Call your insurance agent.  From the first step to the last, they are a knowledgeable resource to walk you through the process of submitting the claim to your insurance carrier.  
  • Secure the original client or employee file, including any related documents.  Keep them in a protected location.   
  • Start a file for all correspondence relating to the claim. Keep this separate from the client or employee’s records. The new file should include: 
    • Date, time and place of the alleged incident
    • Records related to the event
    • Any information you’ve received about the nature of the claim.


  • Change or alter the records in any way.  If you remember something about the situation that is not in the record, note it separately, put a dated written copy of your notes in the new file, and provide your thoughts to your claims representative or defense attorney.
  • Talk about the claim with anyone other than your claims representative and defense attorney.
  • Try to contact the claimant.
  • Conduct any investigation of the situation on your own.  Your defense team will take appropriate measures to investigate the claim.

A claim can be stressful and upsetting.  Rely on your insurance and legal team to get you through the process so you can continue taking care of your clients and maintain your reputation.

PSIS representatives have decades of experience assisting clients with insurance claims. You can reach a PSIS representative at (800) 961-6007.