Every driver has, sometimes, a dispute with their insurance company. And it happens for a variety of reasons. Maybe you were a part of an accident, in which case you need to use the coverage. Or the insurance company doesn’t want to offer any coverage because you missed some of the issued. These issues arise more often than you realize, so it makes sense to figure out how to handle a dispute with the auto insurance company. Of course, the way you do that will change based on why you have a dispute with them in the first place.
Why does a dispute happen?
It’s due to a variety of reasons, as you can imagine. For starters, claims adjusters evaluate costs, and not facts. On top of that, valuation methods can be opaque, which is a challenge. Then, there are liability determinations which depend on incomplete evidence. Plus, the policy language is specific so that auto insurance companies tend to have things done their way. And that’s what this is all about. It becomes imperative to understand how to approach this, before you get into the dispute itself.
Get everything in writing
Before entering any dispute with the auto insurance company, a very good idea is to request a written explanation for the denial or reduced payout. Additionally, you want to get a copy of the adjuster’s estimate or valuation report. You also want to review the policy language directly and keep a written log of every single call, if you can do so. Documenting the interactions with the insurance company can be a solid thing to think of.
Disputing the claim denial
You want to identify the claim policy that provisions the denial and check if the facts of that claim match the insurer’s characterization. You also want to submit additional evidence that addresses the stated reason for denial, if you can do that. And of course, you also want to request a formal internal appeal or review where possible, as it truly makes a massive difference in the end.
Disputing the low settlement offer
That’s what many auto insurance companies tend to do, they give you a low settlement offer first, as some people desperate to cover expenses might actually take it. What you can do is to get an independent repair estimate, and challenge the comparable vehicles used. You can also consider an independent appraisal if you can and maybe factor in the diminished value. That way, it will help you dispute the low settlement offer more effectively, which is certainly a great approach to keep in mind.
Disputing liability determination
If you have any type of accident, it makes sense to talk with your Fort Lauderdale car accident lawyer. He will be able to offer you guidance and assistance, maybe even talk directly with the insurance company where possible. You also want to dispute any liability determination by requesting the evidence used to assign fault. And while there, offer additional evidence that was not a part of the original assessment. It also comes recommended to understand the comparative negligence rules in your state.
Of course, sometimes the internal escalation will not work. If that’s the case, you should ask to speak with the claims supervisor. Request the insurer’s formal appeals or you can also try to dispute the resolution process in writing. Filing a complaint with the state’s Department of Insurance will help too, if you think that liability is not disputed correctly. And of course, you can also consider if the dispute involves bad faith or not. Understanding that will help immensely, and it can provide much-needed help in the long term.
When should you involve an attorney?
You don’t always need an attorney when dealing with these issues. However, at some point, hiring one makes things easier. That’s a good idea when the claim involves significant injury alongside vehicle damage, the insurer’s denial appears in conflict with their policy, or there is a pattern suggesting bad faith. The same thing can be said if the dispute is heading towards litigation regardless of preference. Mediation could be an answer, but having a representative by your side is crucial, and it can make a major difference.
Conclusion
It’s clear that having a dispute with your auto insurance company is something that does happen at times. The best thing you can do is to try and offer evidence which is against their situation at hand. What you should consider is figuring out how to handle the situation, which sometimes might involve the need to hire a lawyer. Maintaining a high level of professionalism is crucial here, and you also want to focus on showcasing facts that back up your claims. That way, you don’t have to worry about any concerns or potential problems, so take it all into consideration.
This content is provided for informational purposes only and is not a substitute for professional advice. AFP editorial staff were not involved in the creation of this content.
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