Insurance companies play an active role in our everyday lives. If you own a home or a car, chances are, you have an insurance company. Insurance companies have the right to refuse approval of your insurance claim; however, they have to provide proof for choosing to deny. If your insurance company has denied your claim, you have the option to sue the insurance company.
How to Sue an Insurance Company: First Things First
Before you research lawyers who sue insurance companies, you first need to obtain some preliminary information and exhaust all possible resources.
First, find a copy of the policy agreement you signed with your insurance company when the policy was written. Familiarize yourself with the policy to justify why the insurance company should approve your claim rather than deny.
Take pictures of any property or damage associated with the incident. Keep receipts of any purchases associated with the incident. These purchases can be recorded and pursued for reimbursement.
If the insurance company has denied your claim, you need to request a written explanation for the denial. A written request of the denial can be given to your lawyer for review. The denial can be compared with the policy to see if the denial is valid.
Finally, you should attempt to file an appeal with additional documentation with the insurance company. The appeal process will allow the appeal and supporting documentation to be reviewed. This also shows the insurance company, as well as the court, that all avenues have been exhausted to try to reach a resolution.
If the claim is still denied after the appeal has been reviewed, you should gather all information and consult a lawyer to discuss your options for how to sue the insurance company.
How Can I Sue my Insurance Company?
Once all resources have been exhausted, you have the option to hire a lawyer to sue your insurance company.
You will need to find a lawyer in your area who is familiar with civil law. A lawyer who specializes in laws regarding insurance claims will be the most beneficial. This lawyer will know the questions to ask, the documents to request, and the evidence to present.
Your lawyer will need a copy of the insurance policy, denial letter, and your appeal information. Your lawyer will review the information and prepare to file the lawsuit.
When the lawsuit is filed, your insurance company will respond, as well as hire a lawyer to represent them. Once the insurance company responds to the lawsuit, each party will exchange information about the evidence that will be presented at the hearing. Each side will be able to review the counterparty’s evidence.
Once the evidence has been reviewed, a settlement may be proposed. Depending on the amount you are requesting, the settlement may be too low. Based on the evidence in your case, your lawyer may advise you to accept or deny the settlement.
If a settlement is not reached, the lawsuit will go to court. Each side will present their evidence, which can include depositions and witness testimony. The judge will make the final ruling on the amount to be awarded, if any.
What Type of Expenses and Damages Can I Sue My Insurance Company?
If your incident has resulted in medical bills, lost wages due to missed time at work, property damage, attorney fees, and emotional distress, keep a record of these expenditures. This documentation will help your lawyer prepare the lawsuit to go to trial.
I have been Offered a Settlement – Should I Accept?
A settlement offers many benefits to all parties involved.
First, a settlement keeps the lawsuit from having to go to court. Settling out-of-court will allow for a quicker resolution.
Second, settling out-of-court allows you to know exactly what settlement amount you will receive, whereas going to trial may result in a judgment award lower than requested.
Finally, settling out-of-court will decrease the amount spent on lawyers, as going to court will cause you to continue paying for representation.
My Insurer has Denied my Claim – Should I Look for a New Insurer?
Depending on the reason for the denial, you may consider finding a new insurance company for your home or automobile coverage. Your insurance company may have a good reason for denying your claim. If you have had a good experience with your insurance company, other than the recent denial of your claim, you may consider continuing to make use of your insurer. However, if you have had issues with your insurer prior to the denial of your claim, you may consider finding a new insurance company.
Conclusion
If you have filed a claim with your insurance company and your claim has been denied, you have the option to sue your insurance company.
First, you should file an appeal with the insurance company for your claim to be reviewed. The review of your claim may mean another representative within the company looks over the claim and decides to approve it.
If your appeal is still denied after your appeal, you should take all information pertaining to your claim and seek an attorney who practices civil law. A lawyer familiar with the civil arena who specializes in insurance claims will review your information and begin building your case.
During this time, your lawyer will prepare the lawsuit to file to the court. Once the insurance company has been notified of the lawsuit, they will respond to your lawyer. At this point, each party will exchange information to determine the evidence that will be presented during the trial. Your lawyer will take depositions and prepare witness testimonies.
During the preparation of your case, a settlement offer may be presented. This settlement may be lower than the amount requested in the lawsuit. Your lawyer will advise you whether you should accept the offer or refuse.
If you accept the settlement offer, the case will be resolved without going to trial. Alternatively, you can choose to refuse the settlement and continue to take the case to court.
If your case goes to court, both sides will present their evidence and witness testimonies. A judge will hear both sides and make a ruling based on the evidence. The judge may rule in favor of either side.
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