While hiring a personal injury lawyer might seem optional, a study conducted by the Insurance Research Council indicates that an insurance company is more likely to pay a victim represented by an attorney than one who is not. When an auto accident happens, and the claim is either denied or the amount paid out does not cover all damages, the financial burden placed on the policyholder is severe.
Although your insurance service provider is required by the law to act in good faith when handling your accident claim, this does not always happen. Normally, most auto accident victims seek to take the easy way out when they are negotiating a settlement with the insurance company.
Insurance companies normally have insurance adjusters who work in tandem with the company’s lawyers to assess your claim amount. The claims adjuster will then visit your property to conduct detailed investigations. It would be ideal if you also had a lawyer who will protect your interests.
The insurance company will then question you along with other parties involved in the accident to establish the cause of the damages and the subsequent claim. Photographs of the accident scene and accident reports will be critically analyzed. If you accept fault or give an inaccurate account of what happened or incorrect figures, the insurance company may use this as grounds to deny your claim or lower your claim amount.
Being injured in an auto accident or suffering property damage is quite difficult, but it becomes even more difficult if your insurer fails to meet their end of the bargain. Ideally, the insurance company should investigate and settle claims based on the findings. Once this duty is violated, your insurer may be liable in court on the following grounds:
Different states have varying notions of what constitutes bad faith. In Texas, an insurance company is deemed to have acted in bad faith if they knowingly place the insurer at a significant disadvantage in the claims process. When filing a bad faith claim, the plaintiff must demonstrate that the insurance company’s conduct was unreasonable.
Some of bad faith include:
When suing an insurance company for breach of contract, you only need to show evidence that the insurance company failed to adhere to the terms and conditions of the policy.
All insurance companies are profit-oriented, which means they will look for every loophole to manipulate facts in your claim to avoid compensating you. If your insurer denies your claim, ask them to provide their reason for denying it in writing. If you think your claim is still valid, consult an auto accident attorney that focuses on denied claims. If the personal injury lawyer establishes that you have sufficient grounds to dispute the claim denial, they will advise you to either take up legal action against them or use the insurer’s internal dispute processes to appeal.
Some of the methods your attorney may use to resolve the dispute include:
Thompson Law has a team that specializes solely on bad faith insurance claims. Get in touch with us today via 844-308-8180 to have a personal injury lawyer do a free evaluation of your case.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.