Immediate Steps After a Theft
What you do in the first 24-48 hours after discovering a theft can significantly impact your insurance claim. Follow these steps to protect your interests.
1. Call the Police
File a police report immediately. This is critical for your insurance claim because:
- Most insurers require a police report to process theft claims
- The report documents the date and circumstances of the theft
- It creates an official record of stolen items
- Failure to report promptly may give insurers grounds to deny your claim
2. Document the Scene
Before cleaning up, thoroughly document the break-in:
- Photograph all points of entry (broken windows, damaged doors, forced locks)
- Take pictures of ransacked rooms showing the disturbance
- Video walk-through narrating what you observe
- Document any property damage from the break-in itself
3. Contact Your Insurance Company
Report the theft to your insurer as soon as possible. Most policies require "prompt" notice of loss. Get a claim number and the adjuster's contact information.
Do not throw away damaged items or clean up completely until your insurer has had a chance to inspect. If you must secure your home, document the original condition first with photos and video.
Creating Your Stolen Property Inventory
Your stolen property inventory is the most important document in your theft claim. Take time to make it thorough and accurate.
What to Include for Each Item
| Information | Why It Matters |
|---|---|
| Item Description | Be specific: brand, model, size, color, distinguishing features |
| Date Acquired | Helps establish ownership and calculate depreciation |
| Purchase Price | Original cost is basis for valuation |
| Current Replacement Cost | What it costs to buy a comparable item today |
| Proof of Ownership | Receipts, photos, credit card statements, serial numbers |
Proving Ownership Without Receipts
Many people cannot locate receipts for stolen items. Here are alternative ways to prove ownership:
- Credit card and bank statements: Show purchase transactions
- Old photos and videos: Check social media, cloud storage, and old phones for images showing the items in your home
- Product registration: Contact manufacturers if you registered products
- Warranty records: Check email for warranty confirmations
- User manuals: If you still have them, they may include serial numbers
- Witness statements: Friends or family who saw the items can provide declarations
Search your email for shipping confirmations, order receipts, and product registration emails. Check Amazon, eBay, and other online purchase histories. These digital records can be invaluable for proving ownership and value.
Understanding Your Coverage
Homeowners and renters policies typically cover theft, but coverage is subject to important limitations and exclusions.
Personal Property Coverage
Your policy's Coverage C (Personal Property) covers theft of personal belongings. Key points:
- Coverage limit: Usually a percentage of your dwelling coverage (often 50-70%)
- Per-item limits: Special categories have sublimits regardless of actual value
- Replacement cost vs. ACV: Your policy may pay replacement cost or depreciated value
- Deductible: You pay this amount before insurance kicks in
Common Sublimits on Theft Claims
Most policies cap coverage for certain high-theft items. Typical sublimits include:
| Category | Typical Sublimit |
|---|---|
| Cash, currency | $200 |
| Jewelry, watches | $1,500 - $2,500 |
| Firearms | $2,500 |
| Silverware, goldware | $2,500 |
| Electronics | Varies; some policies have limits |
| Business property at home | $2,500 |
If you have valuable items exceeding these limits, you should have scheduled them on your policy (added specific coverage) before the loss. If you did not, your recovery may be limited.
Theft Away From Home
Most homeowners policies cover theft of personal property anywhere in the world, not just at your home. However, coverage for property away from home is often limited to 10% of your personal property coverage limit. Rental car break-ins, luggage theft, and hotel room theft may be covered.
Common Reasons for Theft Claim Denials
Insurers deny theft claims more often than many policyholders expect. Understanding common denial reasons can help you avoid pitfalls.
1. Lack of Proof
The most common reason for denial is insufficient proof of ownership or value. Insurers may claim you have not adequately documented that you owned the items or what they were worth.
2. No Signs of Forced Entry
Some policies exclude theft that does not involve visible signs of forced entry. If a thief entered through an unlocked door or window, your claim could be denied. However, this exclusion is not universal, so check your specific policy language.
3. Mysterious Disappearance
Many policies exclude "mysterious disappearance"--items that simply vanish without evidence of theft. If you cannot prove a burglary occurred, the insurer may characterize your loss as mysterious disappearance.
4. Fraudulent Claims Suspicion
Insurance fraud investigators may become involved if your claim seems inflated or inconsistent. Signs that trigger investigation include:
- Very large claims shortly after purchasing or increasing coverage
- Inconsistent statements about what was stolen
- No police report or delayed police report
- Previous theft claims
- Financial difficulties
Insurance fraud is a felony. If you inflate your claim by adding items that were not stolen or overstating values, you could face claim denial, policy cancellation, and criminal prosecution. Be honest and accurate in your inventory.
California policyholders have additional protections under the Fair Claims Settlement Practices Regulations:
40-Day Response Requirement: Under Cal. Code Regs. tit. 10, section 2695.7(b), insurers must accept or deny your claim within 40 days after receiving proof of claim. They can extend this deadline only for good cause, and must notify you in writing of the reason for the delay.
Written Explanation Required: If your theft claim is denied, the insurer must provide a written explanation citing the specific policy provisions and factual basis for the denial.
No Unreasonable Proof Requirements: California regulations prohibit insurers from requiring documentation that is unreasonable or impossible to obtain. If you have made good-faith efforts to document your losses, the insurer cannot deny solely because you lack receipts.
If your California insurer is not following these rules, consider filing a complaint with the California Department of Insurance.
Fighting Unfair Theft Claim Denials
If your theft claim has been denied or underpaid, you have options to fight back.
Step 1: Request a Detailed Written Denial
Get the denial in writing with specific policy language cited. This helps you understand exactly what you need to overcome.
Step 2: Review Your Policy
Read the theft coverage section and exclusions carefully. Look for:
- Definition of "theft" in your policy
- Whether forced entry is required
- Proof of loss requirements
- Deadlines for submitting your sworn proof of loss
Step 3: Gather Additional Documentation
Collect any additional evidence that addresses the insurer's stated reason for denial. This might include:
- Additional photos showing items before the theft
- Witness statements from people who saw your belongings
- Appraisals or valuations for high-value items
- Police report and any investigation updates
Step 4: Submit a Formal Appeal
Write a detailed appeal letter that addresses each denial reason. Attach all supporting documentation and cite specific policy language that supports coverage.
Step 5: Consider Professional Help
For significant claims, consider hiring a public adjuster or consulting with an attorney. They can negotiate more effectively and know how to build compelling claim files.
Replacement Cost vs. Actual Cash Value
How your policy values stolen items makes a significant difference in your payment.
Actual Cash Value (ACV)
ACV is the replacement cost minus depreciation. A 5-year-old TV worth $1,000 new might have an ACV of only $400. This is often the default coverage.
Replacement Cost Value (RCV)
RCV pays to replace stolen items with comparable new items, without deduction for depreciation. This coverage costs more but provides significantly better protection.
How RCV Typically Works
- Insurer pays ACV amount initially
- You purchase replacement items
- You submit receipts to insurer
- Insurer pays the difference between ACV and actual replacement cost (up to policy limits)
Most policies require you to actually replace items within a specified time (often 180 days to 2 years) to collect the replacement cost. If you do not replace items, you only receive the ACV payment. Check your policy for deadlines.
Need Help With Your Theft Claim?
I help policyholders fight unfair theft claim denials and underpayments with demand letters, appeal strategies, and representation in bad faith cases.