why is my lawyer going after my insurance company

Yes, a lawyer will take the lead in dealing with insurance companies after you have been injured in a car accident. One of the most frustrating aspects of being involved in an incident that results in an injury is dealing with the insurance companies. They can demand additional information while wanting you to provide an official statement.

Full Answer

What do insurance companies do when you don’t have an attorney?

“Insurance companies use a couple of tactics with people who are not represented by attorneys,” she explains. “If they know there is a valid claim, they will make a quick low offer in hopes that you take the money and run.

Why do I need a lawyer for a car insurance claim?

An experienced lawyer can see the claim from all sides and know if there is any chance of getting the insurance company to reverse its position. “Insurance companies are not afraid to deny a claim using shaky reasoning because an unrepresented claimant has no ability to seek a remedy in court.

Do insurance companies come back after you file a lawsuit?

And don’t expect your insurance company to come crawling back after you file a lawsuit. “The insurance companies generally will not continue to communicate with a policyholder who has hired a lawyer,” says Bach.

What happens if you sue your insurance company?

Here’s what will happen If you’re angry enough to consider filing a lawsuit against your insurance company, make sure you do so only as a last resort, after all negotiations have failed. If there is an acceptable alternative, a courtroom is the last place you want to be.

How do you scare insurance adjusters?

The best way to scare insurance carriers or adjusters is to have an attorney by your side to fight for you. You should not settle for less.

Do insurance companies prefer to settle?

People often ask us, as attorneys, if insurance companies want to settle cases out of court and the answer is always yes. Much like plaintiffs, insurance companies don't want to spend the time and money involved in going through a trial if there is a chance they can come to a settlement agreement with the plaintiff.

How do I fight an insurance company?

If you are not satisfied with your health insurer's review process or decision, call the California Department of Insurance (CDI). You may be able to file a complaint with CDI or another government agency. If your policy is regulated by CDI, you can file a complaint at any time.

Can I trust my insurance adjuster?

The short answer to this question is no. An insurance adjuster is employed by an insurance company. A claims adjuster's sole job is to pay you the least amount of money possible.

Why would an insurance company not want to settle?

Insurance companies are businesses. Settling a claim often means paying out more than they want to. Their goal is paying as little as possible and limiting their liability in the event of an accident. For this reason, insurers may refuse to settle because they want to try to lessen how much they pay, if anything.

Why would an insurance company offer a settlement?

When an insurance company offers you a settlement, they are essentially acknowledging their client's fault in the accident. They want you to settle to avoid litigation or going to court. Insurance companies usually do not want to get legal help involved.

Can an insurance company refuse to pay out?

Unfortunately, you may have a valid claim, and the other driver's insurance company refuses to pay for it, you need to pursue it or even involve an insurance lawyer. Some insurance companies are slow in paying out benefits but will eventually settle the claim.

Can insurance companies make mistakes?

Insurance companies often make mistakes to their benefit so that they do not have to pay policyholders what they should receive. However, policyholders have been known to make mistakes because they didn't know any better.

How do you write a good appeal letter to an insurance company?

Things to Include in Your Appeal LetterPatient name, policy number, and policy holder name.Accurate contact information for patient and policy holder.Date of denial letter, specifics on what was denied, and cited reason for denial.Doctor or medical provider's name and contact information.

What should you not say to an auto insurance adjuster?

Never say that you are sorry or admit any kind of fault. Remember that a claims adjuster is looking for reasons to reduce the liability of an insurance company, and any admission of negligence can seriously compromise a claim.

How do I talk to an insurance adjuster?

Tips for Talking to an Insurance Claims AdjusterRemain Calm and Polite. ... Identify the Person You Are Speaking With. ... Give Limited Personal Information. ... Give No Details of the Accident. ... Give No Details of Your Injuries. ... Resist Initial Settlement Offers. ... Refuse to Give Recorded Statements.

How do I handle a car insurance claim?

5 Steps to File a Car Insurance ClaimContact Your Insurance Company. Contact your agent or insurer to report the accident as soon as possible. ... File a police report. Your insurance company will request a police report number. ... Wait for an adjuster. ... Get a report from the insurance adjuster. ... Accept payment.

How Soon Can a Lawyer Take Over Communication With the Insurance Company?

If you have been involved in an incident that resulted in an injury, you have likely already talked with at least one insurance company. This exchange could have been something as simple as reporting the injury and providing names of medical providers or official statements.

Why is Hiring an Attorney a Good Idea After an Accident?

It is important to remember that the insurance companies are not your friends. While it is true that your own insurance company may be there to help you pay some medical bills, their goal is always to pay as little as possible while still collecting premiums.

How an Attorney Can Provide Specific and Concrete Help

Facing constant pressure from insurance companies can only serve to delay your recovery and put added stress on you. As a result, the first benefit to hiring one of our lawyers after an accident is to put an end to the constant contact from insurance companies.

A Lawyer Can Immediately Take Over All Interactions With Insurance Companies

Dealing with the insurance companies after suffering a personal injury can be a demoralizing and frustrating experience. While you are trying to make your best recovery and get your life back on track, these organizations can be demanding official statements or be trying to get you to accept a premature settlement.

Why do insurance agents stop being helpful?

That's because insurance agents ultimately have responsibility to the insurers for whom they sell policies.

What to do if you are angry with your insurance company?

If you’re angry enough to consider filing a lawsuit against your insurance company, make sure you do so only as a last resort, after all negotiations have failed. If there is an acceptable alternative, a courtroom is the last place you want to be.

What to do if you feel you have been abused by the insurance system?

Another path toward resolution is a complaint against the insurer. Bach says it's a good idea to file a complaint with your state department of insurance whenever you feel you have been abused by the system. Just don't expect your state insurance commissioner to resolve a complicated, large-dollar dispute.

What to expect when filing a lawsuit?

If you proceed, here’s a taste of what to expect: A lawsuit will likely be costly and highly adversarial. It will probably slow down or halt your claims process overall, not speed up your payment. And don’t expect your insurance company to come crawling back after you file a lawsuit. "The insurance companies generally will not continue ...

Do insurance departments have the authority to adjudicate?

They will tell the policyholder they do not have the authority to adjudicate. But the department will have a record of the complaint" that may help with future enforcement issues. For example, an insurance department might launch an investigation if they see a pattern of similar complaints against an insurer.

Is there always a process to file a lawsuit?

There is always a process.". It's important for you to take an active role in the insurance claims process, but give your claims adjuster adequate time to work on your case. If you threaten to file a lawsuit simply as a negotiating tactic, be aware that the strategy could backfire.

Why are insurance companies not afraid to deny a claim?

“Insurance companies are not afraid to deny a claim using shaky reasoning because an unrepresented claimant has no ability to seek a remedy in court.

What is the best strategy for a large claim?

Another good strategy for a large claim is hiring a public insurance adjuster. For example, after extensive home damage a public adjuster can work with you to get paperwork done, meet deadlines and advocate for you.

Did November have to replace the adjuster?

And that’s when he and his wife decided to lawyer up. Which was easy for November because he is a lawyer. November asked the insurance company to replace the adjuster, which it did. The new adjuster, a fellow Clevelander, understood the extent of the damage to November’s home and helped him get the full claim approved.

Can a small claim settle without a dispute?

Small run-of-the-mill claims usually settle without trouble. But in cases where there’s more at stake—for both you and the insurance company—there may be a higher chance for dispute. This could include: Claims where you and the insurance adjuster don’t agree early on. Expensive or complex claims.

How do insurance companies scare you?

The insurance company may try to scare you by threatening to take away your driver’s license. One of the latest extortion techniques from insurance companies is to pay a claim for a policyholder, then turn around and send a collections letter to the other driver.

How long does it take for an insurance adjuster to settle a car accident?

One of the more complicated aspects after a car accident is dealing with the insurance company. Usually within a few days of an accident, you will be contacted by an insurance adjuster who will want to try to settle your claim as quickly as possible.

What does insurance do to avoid paying medical bills?

As part of trying to minimize the settlement offer, the insurance company will suggest that you are lying about your injuries or trying to commit fraud.

How long does it take to settle a car accident in Texas?

This is a delay tactic. The statute of limitations to file an injury lawsuit after a car accident in Texas is two years.

What do you need to do after a car accident?

After a car accident, most people need money to get their vehicle repaired or to pay medical bills. Insurance companies know that car accident victims are vulnerable and almost always offer a lowball settlement right away.

What happens when a car is declared a loss?

When a car is declared a loss, the insurance company is supposed to issue you a check for the vehicle’s fair market value. This value is usually based on what similar used vehicles in your area are selling for – not necessarily the value established by the Kelly Blue Book or Edmunds.

Can you sign anything unless you understand what it means?

Never sign anything unless you’re positive you understand what it means or you’ve had a lawyer review it. It is not uncommon for the fine print to include that you are signing away your rights to pursue additional damages (even if injuries end up being more serious than you originally thought) or file a lawsuit.

2. They Know Their Settlement Offer Is Too Low

If you’ve received an early settlement offer from an insurance carrier, it’s a safe bet that the offer represents less than you’re really owed. Probably a lot less. And the insurance company already knows that.

3. They Plan on Using Your Statements Against You

You’ve probably seen TV shows where someone gets arrested and the police recite a familiar line: “Anything you say or do can be used against you…”

Why Must You Speak to Your Insurer After a Crash?

The last thing that many victims want to do after an accident is to discuss the events with their insurance company. While you don’t necessarily have to share all of the traumatic details of your accident with your insurance company, you do have certain obligations as an insured that you must abide by.

What Should You Not Say to Your Insurer?

It can prove difficult to speak with an insurance company representative. Before you make or accept a call from the insurance company, understand that the adjuster will likely try to get as much information from you as possible. You have the information that they want, and you must remain in control of the conversation at all times.

What Information Should You Provide to Your Insurer?

A call with your insurer will take effort on your part to navigate and avoid areas of discussion that don’t benefit you at this time. You should provide certain bits of information to your insurer in your initial phone call after an accident, which we discuss below.

How Can Your Statements to Your Insurer Affect Your Case?

Many accident victims underestimate the impact a phone call or communication with your insurer can ultimately have in your case. Most people are careful in conversations with opposing insurance companies, but you may let down your guard with your own insurance company mistakenly under the belief that it will operate in your best interests.

Do You Need a Lawyer After a Car Accident?

Hiring a personal injury attorney after a car accident can provide many benefits. Your lawyer can serve as an intermediary with insurance companies and at-fault parties throughout your claim. Once you retain an attorney, all parties must divert their communications to your attorney and away from you. Your insurance

What is a denial of an injury claim?

An insurance company denial of an injury claim is a rare occurrence, since most insurance companies want to settle a claim (a sure thing) before courts get involved (an unpredictable process). Denials usually only occur when the claim is clearly unsupported by evidence (the "injured" person has no medical bills or records of treatment) or there is a procedural problem with the claim itself.

Can you get compensation without a release of liability?

You'll receive the compensation you asked for and sign a release of liability in exchange. It is rare for this to happen without at least some negotiation on the part of the insurance company. (Learn more about the timeline of a typical personal injury claim .)