With the numerous hazards and dangerous drivers on the roadways, the reality is that many Aurora drivers will at one point get into an accident. If you’re in an accident, you may end up filing a claim with the driver’s liability insurance company.
These companies unfortunately often try to reduce the settlement awards for claims, and in some cases, they’ll use insurance claim delay tactics. Know what these strategies are and how to correctly handle them You may even hire an attorney to deal with the insurance adjusters.
Insurance Information Requests
An insurance claim begins with the claimant completing an initial application form with the insurance company. After receiving a claim, the insurance company assigns an adjuster to the claim to complete an investigation of the insured’s liability. The claimant may submit a demand letter to begin the settlement negotiations for the claim. A claimant may need to request information from the insurance company in order to complete the demand letter.
It’s good practice for the claimants to get the:
- accident report;
- witness information; and
- photos from the accident after the crash themselves, but in some cases they may need to request certain information from the insurer.
The insurer may stall on providing this information. Additionally, the insurer might stall in settlement negotiations or offer unreasonably low settlements as delay tactics.
Advantages to Hiring a Lawyer
Your lawyer can hold the insurance company to its responsibilities to its own policyholder and third-party claimants (those filing a liability claim against the insurance company). This may mean calling the insurance adjuster directly to request the information again and insisting upon its delivery.
It might also mean filing a bad faith claim if the insurance company is not responding to requests for information you need. Delaying by withholding information or failing to communicate are examples of bad faith insurance tactics for which the insurer may be liable for damages. Discuss this possibility with your attorney, as it may mean additional compensation on top of your original claim.
You May File a Lawsuit if Unable to Reach a Fair Settlement
After a car accident, an Aurora driver who is not at fault can file:
- a claim with their own insurer;
- a claim with the other driver’s liability insurer; or
- a lawsuit against the driver and their insurer.
So if the insurance company is not offering a fair settlement and is making the settlement process too difficult, you may discuss filing a lawsuit against the other driver.
The Law Office of D.J. Banovitz can protect you from insurance claim delay tactics and help you file a lawsuit if you are unable to reach a fair settlement so you can obtain the compensation you need to cover your damages. Contact our office at 303-300-5060 to schedule a free consultation about your accident, injuries, and your legal options.