Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Tag: denied claim

  • When Your Insurance Company Doesn’t Treat You Fairly

    When you buy insurance for your business or for your home or car, you expect your insurance company to honor the terms of your policy. If you pay for insurance protection, you expect the insurance company to pay when you must make a claim. The concept is simple and straightforward—until the insurance company flexes its muscles and denies payment.
    This happens more often than people realize. It happens in both commercial and personal claims. And, in either case, the insurance company is often acting in “bad faith.” This is a legal concept that means you are not being treated fairly by your company.

    Examples of Bad Faith Behavior

    Under most states’ laws, the insurance company owes you a duty to act in “good faith.” It cannot look for ways to escape its obligations that it agreed to, in a policy for which you’ve paid. Nonetheless, many companies consistently and intentionally do the following types of things to avoid paying on claims:

    • Deny coverage without a valid reason or offer only a small fraction of what your case is really worth
    • Withhold information from you that helps you recover
    • Fail to conduct a proper and timely investigation into the cause of an accident or basis for a claim
    • Neglect to pay a claim within a reasonable time or provide an explanation for the delay
    • Fail to simply confirm coverage, disclose policy limits or respond to a demand for payment

    What Legal Options Do You Have?

    In many cases, just getting a lawyer involved increases the chances that the insurance company will stop taking advantage of you and either start negotiating or pay up. This behavior happens often in disability claims, damage to commercial buildings and in homeowner claims after natural disasters.
    Even though insurance companies have strong and effective lobbies that seek to limit your rights as policyholders, the courts often protect you—the policyholder—if you have to file a lawsuit. Depending upon the facts of your case, the investigation, the coverages and other factors, your attorney will come up with a strategic plan targeted to get them to honor the terms of your policy.

    Contact Us if Your Insurance Company Is not Being Fair

    Our Texas attorneys have experience handling bad faith insurance claims. Schedule a consultation with us to discuss your case and how we can help you. We’ll review your policy and determine how best to protect your rights under your policy. Call us at 972-450-1418 or contact us online.

  • Filing a Commercial Insurance Claim After a Business Burglary

    A study completed by a prominent insurer uncovered a surprising fact: four out of 10 small businesses will likely file commercial insurance claims in the next 10 years. The study predicted that burglary or theft would be the most likely reasons for the claims. Burglary and theft claims make up about 20 percent of all commercial claims.
    Hopefully, your business is never burglarized or becomes the victim of any other type of theft. But, problems can spring up when you least expect them. That’s why carrying the right insurance coverage and working with the right law firm can be critical to your success.

    What to Do After a Business Burglary

    If your business is burglarized, the first step is to call the police to file an official report. You’ll need the report to file an insurance claim. But the police can help you in other ways, too. They can examine the scene for evidence and interview potential witnesses. Keep in mind, however, that most property that is stolen from businesses is never recovered in sell-able condition.
    The police can also help you secure your store, so you do not experience further losses. You’ll want to make temporary repairs to any broken windows or locks (but wait to talk with your insurer before making expensive permanent repairs). If your security system has been taken offline, you’ll want to reset it as soon as possible. It’s also advisable to make a detailed list of everything that was stolen so that you know the extent of the damages your business has experienced.

    Deciding Whether to File an Insurance Claim

    After talking with the police, talking with your insurance company is the next step. However, many business owners worry about filing a claim. They do a cost-benefit analysis and determine that the items stolen were worth less than the deductible. They also worry that their insurer will raise rates or drop them if they file a claim.
    These are valid points. However, you carry commercial insurance precisely so that you are covered in the event of burglary, theft or other losses. If you don’t file now, you’re never gaining the benefit of something that you pay for every month. Further, the expenses of fixing the damage and replacing stolen goods could be more than you’re currently estimating. The average theft or burglary claim is $8000.

    What if a Your Insurance Claim is Denied?

    Hopefully, your insurer pays the claim without any hassle. But, there are many reasons that insurance companies deny business burglary claims—and not all of them are legal. If you suspect that your insurance company isn’t acting in good faith, it may be time to talk with a lawyer. The attorneys at The Fell Law Firm can help with denied insurance claims.
    To talk with an attorney at The Fell Law Firm, just call 972-450-1418 for a free and confidential consultation. We can help you weigh your options and protect your business.