Auto Insurance Adjustment Lawyer in San Diego
When you purchase insurance, you will usually receive a complete listing of all things covered by the policy. Unfortunately, there are situations where your insurance carrier may refuse to meet their financial obligations. Typically, you can only bring forth a lawsuit if the failure to make payment occurs with an insurance carrier that you have a contract with. For example, if your auto insurance carrier is supposed to pay for damages that occur to your vehicle, then you can sue them if they fail to do so. On the other hand, if the other driver is responsible for the damage to your vehicle, you cannot sue the other insurance company for failure to make restitution.
You can usually file for insurance bad faith compensation when a carrier does not process claims, intentionally issues a wrongful denial, or fails to pay on a claim without reasonable cause. Most cases associate with insurance bad faith occur with life, dental, health, auto, and homeowner insurance policies. That said, just about any insurance carrier can be held liable if the situation meets certain criteria. Aside from this, an insurance carrier can be held responsible in an insurance bad faith lawsuit if they do not offer proper defense against allegations by another party. This is especially important to consider if you are sued by someone else, and expected the insurance company to take care of the matter as stipulated in your policy.
Needless to say, insurance companies hire and endless number of lawyers to draw up, and review the contracts that they provide to consumers. They are also known for spending years on end litigating claims in order to avoid making financial compensation for issues that are their responsibility. While your policies and riders may look fairly simple, it is also important to be aware that insurance carriers must always keep their operations within the rulings of the California appellate court and other governing bodies.
Interestingly enough, these contracts may be interpreted differently in court than the way they are presented to the consumer. In particular, all insurance contracts must meet the “promise of fair dealing and good faith”. Even if this clause is not listed in your policy, a court of law will always use this standard to evaluate claims made against the carrier This is just one of many reasons why you should always talk to a skilled insurance bad faith lawyer if you feel that your insurance company has is not managing your needs appropriately.
No matter how you look at it, an insurance adjuster is paid by the insurance company. Therefore, they will always look to pay out as little money as possible. While they may call themselves “investigators” or “adjusters”, their real job is to minimize financial payouts, as opposed to arriving at the true nature of the negligence of the individual or business insured by them. Needless to say, many people are fooled by the kind, often concerned demeanor presented by the adjuster. Unfortunately, if he/she finds even a shred of reason to deny your claim, or hold you responsible for the damages, you may find yourself in an endless amount of trouble. You may even be surprised to find that training sessions for adjusters include all kinds of tactics that can be used to control you and prevent you from gaining the compensation that you deserve. Some of these tactics may include:
- talking to you in a way that makes you feel like your injuries or pain are less than you initially believed.
- denying the full impact of a permanent injury
- finding some way to make you accept partial, or even full responsible for the accident, even if it was not your fault
- citing laws or other regulations that make you feel like it will be impossible for you to get more compensation, even if you go to a lawyer
- discouraging you from seeking legal counsel. This may include using phrases such as “if you go to a lawyer, then there is nothing more I can try to negotiate with you”, etc
When it comes to automobile accidents, insurance adjusters have an additional set of phrases, guidelines, and references that they use on a routine basis. This includes:
- saying that there was some type of defect in your vehicle.
- accusing you of not wearing your seat belt
- pointing out that you did not ask for treatment, or complain of pain at the scene
- using medical records to claim you had a previous injury in the same area of your body
- you waited several weeks before seeking treatment
- medical exams and reports do not substantiate the level of damage or pain you are claiming
- lack of a police report and/or witnesses
- only minor damage was done to your car
- your work history indicates a significant amount of lost time just prior to the crash
- you, or some other party is partially responsible for the crash.
For the most part, you will find that claims adjusters hired by insurance companies are highly skilled when it comes to negotiating a settlement in their favor. They will use everything from intimidation and “hassling” to other psychological mechanisms to ensure that you settle for the lowest possible amount. Needless to say, they will asses your character, and select the methods and tools that will help them achieve their goal. This includes pretending to give ground on minor dollar amounts in order to prevent you from going to a lawyer.
You may be very surprised to find that you will commit your first mistake when when you give an oral statement to the insurance adjuster. Typically, the questions asked will be designed to maneuver you into taking some, or all of the responsibility for the crash, as well as hurt your case in other ways. There is no question this statement can cause all kinds of problems later on. This includes setting an arena for dialogue and negotiation. Once the adjuster has you talking, they know they can keep you talking without including a lawyer in the discussion.
Many people are also surprised to learn that they do not have to talk to an insurance adjuster when they call. It is very important to avoid the temptation of talking to an adjuster, especially if you have been injured. No matter how minor the crash may seem, hidden physical damage (including whiplash), and emotional distress will prevent you from thinking clearly. The best thing you can do is tell the adjuster that you will get back to them, and then call your lawyer. At the very least, when you call the Law Offices of Larry Sidiropoulos, the staff members will be able to look at your case objectively. In addition, when they contact the insurance adjuster, they will be well aware of all the tricks used by the adjuster, as well as how to counteract them.
An Attorney that Handles Disputes Associated with Insurance Coverage in San Diego
Have you ever gone to a doctor because you were injured or ill, and expected the insurance company to pay for your treatment. Unfortunately, many times insurance companies wrongfully deny claims, and say that you are responsible for payment. Even if that information is incorrect, the doctors office will turn around and try to get the money from you. No matter whether your account winds up in collections, or you feel like you cannot see the doctor of your choice, the effect of these problems can be quite severe. Considering ever rising premium costs, you are entitled to better treatment from your insurance carrier.
Before you simply assume that the insurance company is right, you need to realize that the incidences of improper denials will get even worse as the economy continues to fall apart. Regardless of whether you are dealing with a life, homeowner, medical, auto, or disability insurance carrier, you should never take a refusal to pay a claim at face value. As may be expected, you must also overcome your fear of having your coverage terminated if you seek some form of compensation for the incorrect denials.
Even though insurance companies must remain in adherence to federal and state laws, many will still illegally deny claims, or intentionally terminate your coverage if you demand fair treatment. Other carriers may even wait until after some type of accident has occurred to inform you that you did not have coverage at the time the of injury. Needless to say, this can easily cost you hundreds of thousands of dollars, plus all kinds of other problems. When it comes to health insurance, these denials may even cost your life, or that of your loved ones.
In general, the laws surrounding insurance coverage disputes tend to be complicated. That said, if you feel that you have been wrongfully denied coverage, or payment on a claim, then you should not hesitate to contact the law offices of Larry Sidiropoulos. Over the years, Larry and his team of legal experts have examined, studied, and made use of the laws surrounding these kinds of personal injury. You will find that obtaining a free evaluation of your case is as simple as making one toll free call to our office. Aside from making sure that you receive adequate compensation for pain and suffering associated with coverage denials, Larry will also look to collect additional funds if the rules associated with insurance bad faith also apply.
Larry Sidiropoulos and his team understand that dealing with personal injuries can be frustrating and complicated. This is especially true when your own insurance company creates a situation where you cannot get the medical care, or other assistance that was supposed to be provided in your contract. No matter how large and powerful the insurance company is, our law offices will aggressively pursue them in order to make sure you are compensated for any damage caused to you. We will not hesitate to use all of our resources to ensure that your case has a satisfactory outcome. Even if you feel hesitant about taking legal action against the insurance company, it never hurts to receive an evaluation of your case. Today, we are pleased to offer a free evaluation of your situation. Why wait, when all of your answers are just a phone call away?
Speak to an Aggressive attorney now!