What Can I Do If My Insurance Company Underpaid My Claim?
If a person makes a claim for a loss to their own insurance company and accepts what they later feel is an underpayment, they may be helpless to do anything about it. If a person has accepted the money offered and signed a Release Of All Claims, that person may be totally out of luck unless there was fraud or misrepresentation on the part of the insurance company.
Sometimes a lawyer can void a Release if the insurance company acted in a dishonest and/or fraudulent manner but voiding a Release on an accepted claim is most difficult.
That is why a lawyer should be contacted before or shortly after any claim is made as that lawyer should protect the claimant from being deceived and/or defrauded.
What Is A Sworn Statement And Proof Of Loss? Why Is My Insurer Asking For This?
A sworn statement and proof of loss is when your insurance company doesn’t pay you for a covered loss because they have a right to take a sworn statement from you and ask for any proof you have of your claimed loss. This is usually in your insurance contract whether your claim is for an automobile or a homeowner’s claim.
A skilled insurance adjuster will try to have you admit certain things that are advantageous to them to diminish the value of your claim. That is why you should have a lawyer literally at your side as they are taking any statement from you. Your lawyer will meet with you, understand your claim and advise you as to how you can best and accurately answer any questions so you can be both truthful and accurate and also not be tricked by any questions that are intended to diminish the true value of your claim.
What Is An Assignment Of Benefits? Should I Sign It?
You should sign nothing, nothing at all without the advice of a lawyer. An assignment of benefits usually asks you to assign benefits due to you to another party. You can be asked for many reasons to assign your benefits and you should never assign any benefits without the skilled help of your lawyer, if at all.
When Can I File A First Party Claim Against My Insurance Provider?
If an insurance company does not pay for damages (say) a house, whether it be drywall or roof or whatever, you have right to “file a claim” against your insurance provider on day one. You should never do this without the advice of a lawyer.
“Filing a claim” can be merely a demand letter or oral statement. “Filing a claim” can also mean filing a lawsuit in Court.
Unless your contract of insurance says otherwise, a claimed demand or a lawsuit filed may be on day one up to the end of the Statute of Limitations for your claim.
If The Insurance Company Does Not Pay What Is Owed, Will We Have To Go To Trial?
If the insurance company does not pay what is owed, you certainly can file a lawsuit. The insurance company will pay whether the insured claimant is claiming against a third-party, a driver, or occupier of premises for their negligence in allowing a dangerous condition to exist that caused a fall or crash and resulted in injury.
Any claim can be settled before filing a lawsuit and any claim in a lawsuit can be settled before the actual Trial.
A knowledgeable lawyer is very important to help a person make a claim against an insurance company for what may be owed to them.
For more information on Underpaid Insurance Claims In Florida, a no obligation consultation is your next best step. Get the information and legal answers you are seeking by calling (813) 251-1000 today.