When you file a claim on your insurance, your insurance company should pay on it as long as you have met your deductibles. If you are denied, you have a right to an appeal on the refused claim. If the insurance company still refuses to pay, here is what insurance law attorneys say you can do.
Gather Your Receipts and Expense Records
Your receipts and expense records prove that you met your annual deductible. For example, if you have a $500 deductible on car repairs from damages done to your vehicle and you have already repaired lesser expensive issues to the tune of $500 or more, your claim should not have been denied. Your lawyer can take copies of your receipts and expense records (e.g., copies of cancelled checks, debit or credit card transactions where the auto body shop name is clearly printed, etc.) and send them to the insurance company on your behalf. Included with this documentation, your lawyer will also send an introductory letter explaining who he or she is and what will happen next if your insurance company does not re-examine your documents and pay on your claim.
File a Lawsuit
If a simple "nudge" from your lawyer does not get the insurance company to pay out, you may have to file a lawsuit. Since you already have an insurance law attorney on retainer, he or she will just file the paperwork in court with a list of expectations and legal demands for the insurance company. The courts give your insurance company "x" number of days to respond to the lawsuit once served. If they do not respond, you can either proceed with the lawsuit in court or drop it. Most people usually proceed, since it has already cost them quite a bit to secure a lawyer and file.
Settling out of Court vs. Court-Ordered Ruling
When and if your insurance company finally does respond, do not be too surprised if they call you to settle out of court. Any phone calls you receive directly through them should be rerouted to your lawyer for effective negotiations so that the out-of-court settlement terms are fair, acceptable and legal. If the terms provided by your insurance company for an out-of-court settlement are not enough to cover your bills, lost wages, legal fees, etc., you may want to pursue an in-court hearing and a court-ordered ruling. Sometimes the court ruling may be very much in your favor, but other decisions by the judge are not out of the question. Your lawyer is the one who can best advise you of your options and the potential outcome of the choices you make in regards to your insurance company's offers.
Share28 March 2016
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