Non-criminal cases are tried in the civil court system. While a small claims case is technically a civil court case, it has significant differences from other civil branches that affect the way it is tried and conducted. Claims management companies may not be able to testify in Arkansas small claims courts, but a claims professional can help you review and gather the information you need for the case.
The Difference Between Small Claims and Civil Suits
Civil suits are mostly made up of family issues such as divorce or custody proceedings, juvenile misconduct and child abuse allegations, as well as other matters like breach of contract, rental disputes, major property damage and probate issues. Small claims, on the other hand, deals with smaller matters like claims on unpaid wages, loans or rent payments, and minor consumer complaints or property damage.
A major difference between small claims and civil court is the absence of a lawyer. While civil cases encourage hiring a lawyer, small claims participants are not allowed to have legal representation. Also, monetary awards in small claims cases are lower, the max in Arkansas being $5,000. If a customer is looking for higher damages, they’ll have to take it to a civil court instead, but it will cost you both more money. People often settle for small claims to keep costs low and simplify complex proceedings.
What the Adjuster Must Prepare
A property claims management adjuster has certain duties to prepare your company for a case. We will prepare a list of damaged and ruined personal property with fair market value, depreciated value or actual cash value, cost and age. We can then establish the true amount of the loss and claim.
The Adjustment Process
We will start with the policy. Claims management companies are trained to thoroughly and logically analyze a policy to find the facts and meaning in the wording. We’ll determine if the insured was covered at the time of the event and whether any exclusions or exceptions apply. Then we’ll meet with witnesses to the event and obtain recorded statements.
After that, we’ll determine whether the sworn proof of loss was turned in within the 60-day window and inspect to make sure the claim is accurate. We’ll collect evidence such as records of last physical inventory, deeds and trust deeds, proof of purchase and ownership like receipts and invoices, as well as business ledgers and banking records. All of this to establish the true amount of the loss and claim and to prepare your insurance company representative for court.
Property claims management adjusters can be very useful in investigating and obtaining evidence for your insurance small claims case. If you’re looking to build up proof of negligence or liability, or just support that you gave a fair value to the loss, Action Claim Service is here to help you.
Contact Action Claim Service today to partner with the top independent claims management company in the Southeast, United States!
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