Insurance should give you peace of mind and the knowledge that you will not have to pay exorbitant out-of-pocket costs for unexpected losses or property damage. However, insurance companies often fail to cover fully or outright deny claims your policy should cover.
A lawyer can help you fight back against insurance companies that attempt to lowball you in settlement talks or deny claims under your policy. How attorneys navigate the insurance process for you depends on the type of claim and the specific facts of your case.
The Insurance Process Depends on the Types of Claim
Insurance disputes arise across a range of loss types, including:
- Property
- Homeowner’s
- Fire Damage
- Hail Damage
- Wind Damage
- Water Damage
- Business Interruption
- And many more
For many claims, the insurance claims process starts the same way. The insured party starts by filing a claim with the insurance company when a covered incident occurs. The company will normally send an adjuster to assess the case and determine what is covered under the policy, depending on the type of claim.
The insured might have to provide the insurance company with supporting documentation, such as witness statements, picture evidence, receipts, or repair estimates.
In many cases, the insurance company will wrongfully deny the claim or offer a settlement amount below the cost of repairs, and the covered person will accept the payment without knowing their rights.
An attorney at Kirk Law Firm could help you navigate the process when insurance companies do not fulfill their promises.
Common Causes of Insurance Disputes
A range of issues can lead to disputes with an insurer. For example, an insurance company will often wrongfully deny claims by misrepresenting that the policy terms exclude certain losses or require specific conditions to trigger coverage.
Disputes may arise in claims involving large dollar amounts because insurance companies want to limit their financial liability. Insurance disputes frequently occur when an insurer proposes a low payout that does not cover all the insured party’s losses or damages.
Insurance companies also use delaying tactics to discourage an insured person from challenging a claims decision and encouraging them to accept a lower payment amount.
When an insurance company attempts to deny a claim or fails to provide adequate coverage, our attorneys can advise our clients on how to recover full and fair value for their claim.
Claim, Suing for Bad Faith
When an insured party’s claim is denied or they disagree with the settlement amount, the first step is to understand their rights under their policy. Under state law, every insurance policy gives the insured the right to hire an attorney to challenge their insurance company’s claims decision.
When the claim is denied, the insurance company must give the insured party a written explanation of the reason for denial. However, the carrier often fails to give an adequate explanation and includes misleading language.
An insured party can continue negotiating a settlement amount and will likely have to provide documentation supporting their proposed counteroffer when the insurance company proposes an inadequate settlement offer.
Most states have statutes requiring that an insurer act in good faith when processing claims. When the insured person believes the insurer has not acted appropriately while processing their claim, an attorney can help them navigate the process of filing a bad faith lawsuit against the insurer.
Talk to an Attorney Today for Help Navigating the Insurance Process
You should speak with an attorney right away when you have questions about navigating the insurance process.
The insurance process is complex, and an attorney can fight on your behalf during negotiations with insurers or in court. Contact Kirk Law Firm today to schedule your consultation.
