In a perfect world, someone could file their insurance claim and enjoy a streamlined, uncomplicated experience, followed by finding a check in their mailbox that fully compensates them for their damages. Unfortunately, that scenario is a fantasy.
The truth is, most insurance claims are far from straightforward: obstacles arise, and as soon as one is resolved, it seems like two more take their place. If you’re dealing with an insurance claim, there are several situations you should know about before you start.
Our insurance claim attorneys can assist at almost any stage of the insurance claims process as long as you haven’t officially accepted a settlement offer. If any of the following issues occur, please get in touch with us.
Learn more about our Sacramento Insurance Claims Attorney Services.
Why You Need an Attorney for These Complex Insurance Issues
- Claim Denied Without a Clear Reason
Some people believe that insurance companies automatically deny claims and wait to see if claimants appeal. If they do not, it’s game over, and the insurance company is the clear winner. If the claimant does appeal (some don’t even realize they have that right), insurance companies still don’t make it easy. Often, insurers will offer a vague reason that makes an appeal difficult, or they’ll interpret the policy language in a way that doesn’t make sense. Attorneys read and interpret policies and contracts all day long and can identify problematic or unfair denials, pushing back immediately in a way that gets results.
- Low Settlement Offers or Delays
Insurance companies know what they’re doing when they make a lowball offer. They’re hoping to tempt an insured person into accepting it quickly by offering to “put the check in the mail tomorrow.” Insurance companies’ strategy of making an absurdly low offer puts you at risk of settling for less than you deserve. This tactic is most common in personal injury and property damage claims. Don’t fall for a quick offer—be cautious.
An experienced attorney can spot a lowball offer a mile away, but you may not be able to. An attorney will apply the right type and amount of pressure that encourages insurance companies to make a fair offer within a reasonable timeframe.
- Coverage Disputes
The language used in insurance policies isn’t written for the average person, which is inherently problematic. Some insurers will try to make you believe a claim isn’t covered by citing policy language that most people can’t understand. This often causes frustration for claimants. Why do insurance companies do this? They want you to give up.
An attorney with ample insurance claim experience will easily interpret the policy provisions and know how to challenge disputes before they become outright denials. If a dispute cannot be resolved, the next step is litigation.
- Insurance Bad Faith
What is bad faith? It’s the opposite of how insurance companies are legally required to handle your claim: in good faith. Good faith means that an insurance company investigates, processes, and pays a fair amount for the claim being made. If an insurer causes unnecessary delays, denies a legitimate claim, tries to underpay, or fails to disclose policy information that affects your claim’s validity, they are practicing in bad faith. The good news? If an insurance company acts in bad faith, a claimant can receive additional compensation beyond the original claim amount.
It is essential to have an attorney on your side to spot and protect you from bad faith on the part of the insurance company. Proving bad faith without the assistance of an experienced lawyer is exceptionally challenging.
- Statute of Limitations Confusion
California has strict deadlines for suing an agent or insurance company if you suspect mishandling of your claim. Unfortunately, the starting and stopping points of these deadlines (“tolling”) are very complex. Missing the deadline can result in the loss of your rights.
Hiring an attorney as soon as you suspect a claim is necessary will ensure you don’t lose the right to pursue a claim.
- Third-Party Claims and Settlement Duties
If you get sued in a third-party claim and your insurer does not act in your best interests, you could be vulnerable to paying damages above your coverage. An insurer’s third-party claim obligations are often overlooked because policyholders simply don’t know what they don’t know.
Skilled legal representation is crucial for protecting your financial interests in third-party claims.
Insurance Claim Attorneys: Free Consultation, No Fees Unless You Win
If you need advice or support regarding an insurance claim or case, or need help figuring out whether you have a claim, the insurance claim attorneys at Eason & Tambornini can help. Call (916) 438-1819 today to schedule a free consultation. If we take your case, you will pay nothing unless and until you win a settlement.