Whether you have reached a negotiation stalemate or your auto accident claim has been denied, hiring an auto insurance lawyer will come in handy. A car accident lawyer gives the insurance firm a reason to keep working with you because they do not want a lawsuit.
Why You Can Sue the Insurance Firm
A car insurance policy is a contract between the insured party and the insurer. If your insurance company refuses to pay a claim that it should have paid under the laws of a policy, it has breached the contract and you can pursue legal remedies. This means that you can file a lawsuit against the firm with the help of a lawyer.
Depending on your specific case and your state law, the damages might include expenses such as the cost of filing the lawsuit. To be sure, you need to hire an auto insurance lawyer.
Overseeing Coverage Denials
If your car insurance claim is denied, you should ask the insurance adjuster to put the denial in writing and quote the policy language that relates to your claim. According to http://www.thedoanlawfirm.com/
Make sure that you ask your attorney whether to use the dispute process or the insurer’s internal appeals. If you need to jump straight into legal action, your lawyer will advise you accordingly.
How Your Attorney can Help in Dispute Resolution
A car accident lawyer can help you with a number of dispute resolution options, including:
Arbitration – some insurance policies have a provision allowing the arbitration of disputes between the insured and the insurer. Arbitration is a procedure for dispute resolution using arbitrators instead of filing lawsuits. It is a much cheaper and faster way of resolving contract disputes.
However, this dispute resolution option is not available unless stated in the insurance policy or unless you and the insurer agree to resolve your issues via arbitration.
Negotiation – your auto accident lawyer can get into negotiations with the insurance company to reopen an old case where coverage was denied. The lawyer can put some pressure on the company to negotiate a fair settlement depending on your policy and damages.
Small claims court – this option is only available if the claim is below the state-specified amount.
In some states, the maximum limit is $2,500 and in others, it can be as high as $25,000. The documents that you will pull together for your negotiation are enough, but you might have to add photos and policy reports. However, once you get a settlement from a small claims court, it is final.
If none of these options works, your lawyer can file a lawsuit against your insurance company for the full value of your claim. However, you should only go the lawsuit route as a last resort. If possible, your attorney should sue the party responsible for your injuries. You need to avoid unnecessary delays when filing a lawsuit because each state has different laws on how long you have to act.
You Need an Auto Accident Lawyer When:
– You do not know how to evaluate your claim
– The liability is unclear or shared among parties
– The adjuster has asked you to supply medical records from before the accident
– When the adjuster makes an offer, but you think your claim is worth much more
– You have a lost wages claim that is difficult to prove