Improper settlement tactics to watch out for include:
- Refusal to process your insurance claim without explanation
- Delaying your claim without explanation
- Partial payment of your claim
- Any type of intimidation
Insurance companies must treat you fairly. They must provide certain types of information upon request. If you’ve been treated unfairly by an insurance company after an accident or other incident, a lawyer will help you seek justice.
Improper Settlement Tactics that Our Firm Sees
There are countless ways that an insurance company can act improperly. Our attorneys have seen insurance companies:
Deny Claims Based on Inaccurate or Incomplete Information
An insurance company may claim that it has insufficient information to honor your claim. It may cite an incomplete police report, lack of medical documentation, or other missing information. However, an insurance company should take all possible steps to complete a claim. This may mean:
- Contacting the police department that responded to your accident
- Speaking with you about possible injuries
- Reaching out to your medical provider for records of your injuries
- Contacting other parties involved in your accident
Your insurer should take such steps to verify or correct information. This is basic due diligence when processing an insurance claim.
Claim That Clients Waited Too Long to File Their Claim
Many third-party insurance policies provide no clear timeframe for filing a claim. Instead, they use language that requires you to file “within a reasonable timeframe”—or something similar.
Accident victims cannot always file their claim right away. They may have serious injuries that require medical attention. They may be physically or cognitively incapable of filing a claim for a significant time after their accident. Insurers should not penalize for any reasonable delay in filing your claim.
Your own insurance policy may have a clearer deadline for filing. Your insurer may honor legitimate reasons for delaying your claim, though. A lawyer may convince insurance companies to process your claim, even if they’ve given you pushback.
Deny Coverage for Specific Losses
Insurance companies may pay for certain losses, but not others. They may deny coverage of losses by claiming:
- You did not pay out of your own pocket for a loss, and therefore aren’t entitled to coverage
- That a loss existed before you purchased your policy
- That other extenuating circumstances preclude you from coverage
If your insurance policy covers a loss, then your insurer should honor the policy. The matter may truly be this simple. Your lawyer will review your policy and consider any reasons the insurer provides for denying a claim. If the insurer’s reason for denial isn’t valid, your lawyer will push back.
Claim That You Were at Fault for Your Accident and don’t Deserve Coverage
Insurance claims for specific accidents—like car accidents—involve the issue of fault. Fault is especially important in Texas. As the Texas Department of Insurance (TDI) explains, an at-fault driver covers the other motorist’s losses.
An insurer’s claim that you’re at fault for your accident has significant ramifications. Inaccurate assessments of fault may:
- Make you liable for another person’s losses
- Deprive you of insurance coverage that you’re entitled to
- Unfairly result in higher insurance premiums
- Have other financial consequences
In Texas, you may secure a recovery even if you’re partially at fault for an accident. Even if an insurer claims you’re at fault for your accident, you may still be entitled to coverage. Insurance companies handle claims daily and have experience denying and approving claims, while you may only deal with insurance claims a few times in your life. With our knowledge of the claims process, we can defend you from improper tactics by insurers.
How Will a Lawyer Combat Improper Settlement Tactics?
Personal injury lawyers deal with insurance companies on a routine basis. Due to this experience, our team will be on the lookout for bad faith claim. We can:
- Call out improper settlement tactics as soon as they arise
- Respond appropriately to the improper settlement tactics
- Explain to the insurer that we can file a complaint based on their bad faith approach
- Resume negotiations with the insurance company
If insurance companies still refuse to negotiate in good faith, we can file a lawsuit. Our team can:
- Deal with insurance companies
- Gather evidence from your accident
- Identify all your losses
- Seek a fair insurance settlement
- Proceed with any necessary lawsuit
We’ll defend your rights throughout the life of your claim. With our firm representing you, no insurance company or attorney will take advantage of your inexperience.
Call D. Miller & Associates, PLLC™ Today for Help with a Claim
You don’t have to tussle with insurers after your accident. Our firm will stop improper settlement tactics in their tracks. You can focus on getting better while we handle your claim.
Call D. Miller & Associates, PLLC™ today at 1 (855) PRO-LAWYERS for a FREE consultation. You can review our client testimonials before you call.