You Need A Lawyer To Deal With Your Own Insurer Regarding Benefits
You may wrongly assume that your own insurance company is your friend. This is not true. Insurers are corporations who encourage their employees to pay less in claims so that they can make more money. An experienced personal injury lawyer will look out for you. At Santucci Personal Injury Law we will advise you on deadlines, whether you are entitled to accident benefits, whether the recommended treatment plans are reasonable and necessary, whether the amounts being paid are correct, and whether you should be disputing any decisions of your own insurance company. We can also help you decide whether you need to bring a formal lawsuit against your own insurance company. One year after the date of the accident, the accident benefit insurer may approach you about settling your accident benefits claim. We can help you decide if it is appropriate to consider a settlement of accident benefits and also assist in negotiating an appropriate settlement amount.
Experienced Representation For Third
Although the majority of our practice is dedicated to representing people in disputes with their own insurance companies , our attorneys also routinely handle third-party claims. These cases involve a claim against someone elses insurance policy, and they often stem from automobile accidents, including uninsured or underinsured motorist coverage disputes, residential injuries and incidents falling under commercial general liability policies. For example, if you slip and fall in a grocery store, you may have a third-party claim against the stores insurance policy.
If you are having difficulty collecting a third-party insurance claim, trust us to advocate on your behalf. With a free initial consultation, our skillful Arizona insurance claims lawyers learn about the particular details of your case, so you know what assistance we can provide up front.
Insurance Bad Faith Attorney Of Illinois And Indiana
The attorneys at Chicagos Kelly Law Offices have years of experience litigating bad faith cases against insurance companies who have wrongly denied claims.
If you need an NYC attorney who sues insurance companies, call our law firm for a free consultation about your bad faith or breach of contract claim.
Attorney Prosper Shaked helps policyholders sue insurance companies in Florida for bad faith practices or denying a personal injury claim.
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Contact A New Jersey Bad Faith Insurance Lawyer
When insurance companies act in bad faith, accident victims can find themselves in a financial catastrophe because they did not receive the money they were owed by the insurance company.
Fortunately, you may have the option of filing a bad faith insurance lawsuit to obtain the compensation you were wrongly denied.
The attorneys at our firm can guide you through the process, investigating what happened, building a case and aggressively advocating for your rights.
Your consultation with our New Jersey bad faith insurance attorneys is 100 percent free and you will not be charged attorneys fees unless you receive compensation.
Complete a Free Case Evaluation form right now.
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Common Reasons Insurers Denying Claims
Insurance companies deny claims for a number of reasons. Many of the reasons are unjustified and actually contradict the terms of the policy.
Common reasons for denials include:
- The policy was not in effect at the time of the loss
- The loss was not covered by the policy
- A loss was specifically excluded from the policy
- Claims were not properly submitted to the company
- A claim was not submitted in a timely manner
- Pre-certification for treatment was not obtained
- Treatments and procedures were not medically necessary
- Fraud, arson, or other illegal activity caused the loss
- Another insurer is responsible for the payment.
There are many other reasons why claims are denied. The insurer will typically send you a letter explaining the basis of the denial.
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Learn More About Insurance Lawsuits & Your Rights
If an insurance company has injured you through negligence, deceptive practices, or unlawful discrimination, you may be entitled to compensation for your loss, including compensation for damages over and above the insurer’s obligations under your policy. Compensation that can be claimed varies according to the nature of the claim and lawsuit but can include all benefits owed under the insurance policy, economic damages, compensation for mental anguish, attorney’s fees, and any other relief the court deems proper. At Arnold & Itkin, aHouston insurance claim attorney can help you recover these compensable damages.
Contact a Houston insurance lawyer today for more information. Call us at 493-1629.
Whos Liable For The Accident
Suing the other drivers insurance company will only be worthwhile if they are at-fault. You must be able to prove the other driver was at fault for the car accident before trying to sue their auto insurance company. An expert car accident lawyer can help you determine who was at fault and also help you determine the compensation youre entitled to based on the injuries you incurred and any percentage of fault you may hold in the accident.
Its also important to determine whether the at-fault driver was acting in a negligent way when determining whether to sue their insurance company. Each state differs on how it requires auto insurance companies to payout damages in regards to the at-fault drivers negligence. Again, an experienced attorney can help you navigate this situation and determine whether you have a viable case.
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How To Sue An Insurance Company In Small Claims Court
As we stated before, most claims require a prior attempt at an appeal and/or settlement for your claim before filing a suit. Every state has their own laws regarding bringing suits against insurers. In a lot of cases, individuals either choose to pursue a breach of contract claim or a bad faith lawsuit. Laws and codes exist which govern the practices of insurance companies. Use these to your advantage, and get with an attorney to determine which course of action suits your particular situation. Some cases only allow for compensatory damages, while others allow for punitive damages also.
Tips For Suing The Insurance Company For A Denied Claim
Whether youâre currently considering suing your insurance company or not, itâs always best to be prepared and keep detailed records. Some ideas to keep in mind include:
- Document any correspondence with the insurance company and its representatives. Keep copies of emails and take notes of phone conversations, including dates and the names of representatives. Stay calm and assume theyâre recording your calls.
- Maintain records of your insured property, including receipts and pictures of whatâs insured. Take pictures of a property, like your car or home, immediately after an accident.
- Keep track of expenses you incur, such as medical bills, repairs, attorneyâs fees, and lost wages. Be honest in your assessments and record-keeping.
- Choose an attorney with extensive experience in insurance litigation. Insurance law can be complex, time-consuming, and expensive.
If you do decide to sue your insurer, having this sort of documentation will help your attorney present a strong case.
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Do I Need To Hire An Attorney When Filing A Lawsuit Against An Insurance Company
Although not a requirement for filing a lawsuit against your insurance company, an experienced financial attorney may be in your best interests, in order to make sure that your claim is taken seriously and that you receive the best remedy for your situation.
Further, because insurance laws and remedies vary by state, consulting a knowledgeable and well qualified attorney is crucial in order to ensure that you have a valid claim, and that your claim is handled expediently. An experienced attorney will be able to help you negotiate with your insurance company, file a lawsuit on your behalf, and represent you in court, if necessary.
Helping You Fight Back Against Insurance Companies
Our insurance bad faith attorneys at Denver Trial Lawyers ® represent consumers who have been victimized due to unethical practices committed by insurance companies.
Under Colorado law, insurance providers are obligated to act in good faith when handling and paying legitimate claims filed by policyholders.
Unfortunately, insurance companies are often more concerned with protecting their bottom line than paying people what they are rightfully owed.
If you believe an insurer has failed to act in good faith when handling your claim, you may have the right to pursue an insurance bad faith claim against the company.
This legal action could allow you to recover compensation for what you are owed, as well as additional compensation for other losses and attorney fees related to the insurance companys failure to uphold its legal duty.
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Houston Lawyers Suing Insurance Companies
in reich & At binstock, our top priority is to represent all of our clients to the best of our ability. With almost 30 years of experience, you can be sure that we will not hesitate even against the largest companies. If youve been wondering how to sue an insurance company, you need the attorneys at Reich & paper bin. For a free consultation, call our office at 713-622-7271 today, or complete our online intake form.
Consider A Public Adjuster
While your insurance company adjuster serves the financial interests of your insurer, a public adjuster advocates for you, the policyholder. If you have a large claim and need help negotiating your settlement, consider working with a public adjuster. They can help you understand your coverage, make sure youre providing the right documents for your claim, and maximize your claim payment.
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When You Are Not Eligible For Accident Benefits
There are certain circumstances that disqualify you from receiving accident benefits. For instance, if you were driving when you knew or should have known that you did not have valid insurance, if you were driving while impaired or refused to give a breath sample, if you were driving a vehicle when you knew or should have known you were driving without the owners consent, if you were a passenger who knew or should have known that the driver did not have the owners consent to drive the vehicle, if you were using an automobile in connection with criminal activity, or if you knowingly misrepresented information when you applied for your auto insurance.
Reach Out To A Cincinnati Insurance Attorney For A Free Consultation
At OConnor, Acciani and Levy, we are committed to helping you stand up to large insurance companies that are solely focused on their bottom line. A Cincinatti insurance claims lawyer can help you level the playing field so that you can get the compensation you deserve for your injuries, losses or damaged property.
We offer all of our services on a contingency fee basis, which means you owe us nothing unless we recover compensation for you. Your initial consultation with our attorneys is always free and there are never any upfront costs.
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Ability To Negotiate Your Settlement
After valuing your total damages, you have to send a written demand for compensation to your insurer. In the demand claim, you should include copies of relevant documents, such as:
- Eyewitness statements
Do not expect a check from your insurance company just yet. Typically, there are negotiations before you receive compensation.
Minor injuries that claim for small sums of money might not need lengthy negotiations and counteroffers from the insurance company. However, it is prudent to accept compensation for such minor injuries if you have medical evidence that shows you have fully recovered.
What Are The Different Auto Accident Claims I Can File With A Car Insurance Company
There are two primary car accident claims you can file with an insurance company following a car accident. These types of claims include:
- Personal injury claims: This is the most common claim filed following an auto accident and is when a person seeks compensation for injuries sustained during the car collision. Personal injury claims typically cover lost wages, medical bills, ongoing medical care, and medical negligence.
- Property damage claims: This type of claim is also commonly filed after a car accident and provides coverage for any damage to property as a result of the car accident. Property damage claims may cover vehicle repairs, vehicle replacements, car rental costs, and the replacement of valuable items that were damaged in the collision.
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Effective Representation Against The Bad Faith Actions Of Insurance Companies
Every insurance contract includes a stated or implied covenant of good faith and fair dealing. This means that you have the duty to deal with the insurance company in an honest manner, and the insurance company has a duty to deal with you in an honest manner. This includes the insurance carriers responsibility to fully compensate legitimate claims in a timely manner.
While not every negative action by an insurance company amounts to bad faith, our attorneys know that these agencies work hard to deny your claim. You need someone on your side who works even harder to hold them responsible for the services they promised to provide. Our aggressive Phoenix bad faith insurance attorneys have successfully dealt with insurance companies in a variety of bad faith actions, including:
Our lawyers work hard to resolve your bad faith insurance disputes by ensuring that your case is ready for court, just in case the need arises. If this route becomes necessary, we can seek compensatory damages, as well as a punitive award .
Your Family Is Also Covered For Benefits Even If Not In The Accident
Your immediate family members may be entitled to receive accident benefits if they qualify, even if they were not involved in the accident. These benefits are paid to cover treatment for family members who suffer psychological or mental injury as a result of your accident. Often a spouse or parent will need counseling to help them deal with the emotional issues arising out of the injuries that their loved one has sustained or the support they are required to provide to them.
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Contact Our Skilled National Bad Faith Insurance Attorneys
When an insurance company acts in an especially outrageous or unreasonable manner, it should be held accountable and may be sued for insurance bad faith. However, there will be times when not every denied claim amounts to insurance bad faith.
Pillsbury & Coleman law firm has won numerous landmark cases for policyholders in insurance litigation, including a $26.5 million verdict against the Travelers Insurance Company and a $32 million verdict against UnumProvident.
Insurance Companies Failing To Provide Coverage In Philadelphia
Your insurance provider drafted the contract and any other documents your might have signed. Insurance companies often interpret ambiguous language contained in your policy in its favor and draft in actual loopholes to minimize the amount it would have to pay on a legitimate claim. You could have your claim denied based on a loose interpretation of very unclear language in the contract. Our experienced Philadelphia insurance attorneys are skilled at navigating the deviously complicated provisions insurance companies include in their policies.
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Disclaimer: The cases on this page are illustrative of the matters handled by the firm and do not include all results achieved by the firm. The outcome of a particular case cant be predicated by a lawyers or firms past results. Each case is different, and the value of a case can depend on a number of factors, such as: the facts concerning liability in the case, potential liability defenses in the case, economic and non-economic damages in the case, the legal complexity of the case, whether the defendant was insured or self insured, the available insurance coverage in the case, and whether the case was resolved through negotiation, at trial, or in arbitration. *Most cases are handled on a contingency fee basis. Some cases, however, are handled on an hourly or project basis depending on case circumstances and facts.
Whose Insurance Company Are You Suing
This is a key question that must be answered before diving into a lawsuit.
In most cases, you wont be suing an insurance company at all. Many people can get confused and think that the insurance company is the party being sued because it provides legal representation on behalf of the defendant . In many cases, the insurance company helps the defendant pay compensation so its their goal to pay accident victims as little as possible. Thats why its also important to have a solid legal team on your side to fight for whats fair.
In most cases, your legal team will identify the person whos responsible for an accident, and hold them liable for financially compensating those who were needlessly injured. When you receive a financial settlement from the defendants insurance provider, you won a lawsuit against the defendant not their insurance company. There are also cases where the defendant, who is responsible for injuries sustained by the complainant, has no insurance, but if the complainant has underinsured motorist coverage, they can sue their own insurance provider for failure to provide compensation .
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How Do I File A Lawsuit Against An Insurance Company
You can try to file a lawsuit on your own against an insurance company. However, be prepared to take on a team of well-funded and aggressive defense lawyers.
Our team of insurance lawyers will review your case and determine if you have the basis for a lawsuit.
If you were wrongfully denied coverage or delayed payment, we will file your lawsuit.
The courthouse to file your lawsuit depends on a number of factors. These include the type of claim, the amount of claim, and the insurance company being sued in the case.