What Types Of Insurance Disputes Does Your Firm Typically Handle?
Our law firm handles all disputes concerning personal injury. Companies and individuals are very seldomly self-insured. Large companies, many times, have what’s called a retained limit, it can be up to many millions of dollars. In that case the at-fault company may have an administrator that handles the claim for them. Any time an injured party sues a person or company for personal injury (90% of the time) there is an insurance company behind them calling the shots. Personal injury cases include slip and falls, boat injuries, collapsing stairs, and many more types of case including even dog bite cases. Some homeowner’s insurances in Florida may even exclude all dog bite cases and/or dog bites by certain types of dogs.
Our law firm handles and looks at all injuries caused by the potential fault of another.
What Is Bad Faith When It Comes To insurance?
Bad faith is expanding an insurance policy to ultimate coverage when there is very little actual coverage. A good example is if an insurance company has $10,000 in (B/I) bodily injury coverages for their at-fault driver. If an injured party through their attorney submits a claim for future and past medical bills, pain and suffering, and how the injury has prevented them from leading a normal life in the past and in the future, it may be obvious that the claim should exceed $10,000 in value. If the insurance company (on behalf of the injured party) comes back with a $5,000 offer and does not ask for any more information, the lawyer for the injured party will ask for the true value of the case and even refuse a later $10,000 offer as not being reasonable and/or timely. It the case is not settled and the case goes to Trial for a Verdict and Judgment of over $10,000, the injured party will have a right through another Trial to determine whether the at-fault driver’s insurance acted in “bad faith” and should have timely tendered the $10,000 in actual coverage.
- What Can I Do If My Insurance Company Underpaid My Claim?
- Can The Insurance Company Deny Coverage For Any Mistakes Made On An Application Or Proof Of Loss?
Theoretically, an excess verdict and judgment against the person at-fault means that they have an excess judgment against them. If they don’t have any money, they have this Verdict and Judgment on their record and that is bad faith to them by their own insurance company. It is rather complex, but bad faith is merely an insurance company not protecting their insured by trying to lowball the injured person. In that instance, they may have “bought the farm, so to speak” and the lawyer for the claimant may well get the wrongdoer’s insurance policy expanded for failure to timely pay the injured party the small limits of coverage.
It is a bit more complex but if the injured party claims against their own insurance company for UM benefits because the wrongdoer had no insurance or inadequate insurance, their failure to pay timely may also place them in bad faith and expand the coverage as well.
The above are reasons that an injured person needs a competent lawyer to guide them through these very complex laws and situations.
What Are Some Common Reasons That Insurance Claims Are Generally Denied?
The most common reason why insurance claims get denied is that most lawyers do not try cases, and the insurance companies know that fact. You need to go to a lawyer that has tried cases. I have tried over 150 jury trials. Many pretty faces on TV do not seem to know where the Courthouse is. If you go to a lawyer that has not tried cases, the insurance companies know this fact, and they will deny the claim 95% of the time. Even a lawyer who has tried cases will have his client’s claim denied most of the time. Many injured people will accept a very small settlement because they are so desperate for money especially after an injury. The insurance companies know that fact and the longer they delay or deny settlement, the more insurance companies earn interest on the unpaid claim.
That is why an injured person needs a competent lawyer to protect their interests.
What Is The Difference Between A First Party and A Third-Party Claim?
A first-party claim is a claim against someone’s own insurance company. For example, a pipe burst in your home and your homeowner’s insurance should protect you and pay your loss minus any deductible.
If your insurance company denies payment, you have to make a claim and possibly sue your own insurance company. That is a first-party claim.
A UM claim (uninsured motorists claim) is a first-party claim against your own insurance company for the negligence of the at-fault driver or owner of the vehicle that hit your vehicle and injured you. It is handled much like a third-party claim and is a rather complex combination of a first-party and third-party claim.
How Long Does My Insurance Company Have To Pay Out On My Claim?
Insurance companies never “have to” pay a claim. Many times, they do not pay a claim and “string you along” until the (mostly) four-year SOL (Statute of Limitations) runs out.
Insurance companies don’t want to be in “bad faith”. They have to “timely” pay what is reasonable. That is why you need a lawyer to help you make your claim after it is usually denied.
Your lawyer will make a written claim through a demand letter for you. If not settled, your lawyer will be able to file a lawsuit on your behalf. This claim may be settled or if not settled, your lawyer can go into Court and try your lawsuit either before a Jury and/or Judge.
Many times, fees may be assessed against the insurance company for failure to timely pay a reasonable claim. In these instances, your lawyer will usually give you credit for any fees he has obtained by Court Order and your obligation for fees may be greatly or totally diminished.
For more information on Types Of Insurance Disputes Typically Handled By Your Firm 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.