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If you are thinking about or currently suing your insurance company, here are some tips to help you better your chances of winning. Each can better your chances of winning your suit and can help you get the compensation you need to move forward.
1. Seek Legal Counsel
Insurance companies operate by mitigating risk and minimizing payments. Every time they pay out, they lose money and potentially set a precedent that can make them lose more money in the future. This is why many insurance companies have airtight policies and legal teams that help them keep as much of the premiums as possible. It is also why suing insurance company is so difficult, and why you need the right legal counsel to do so. By relying on legal professionals with experience in insurance-related cases, you better your chances at getting the results you need to move forward. Without their help, however, you could end up losing your case entirely, resulting in you paying medical bills and other costs related to the insurance claim out of pocket. Doing so could have significant financial repercussions that could follow you for years, even decades.
2. Gather Your Paperwork
Many of the best pieces of advice you can receive about suing an insurance company boil down to preparation, and that means you should put some practices in play long before you end up suing an insurance company. The first is to make sure you have copies of all the paperwork related to your policy, as well as any documents or related communications that could prove you were given insurance in bad faith. Keeping careful records of all of this information can help your legal counsel better understand your assumptions and situation regarding your policy—and potentially find the point where you were misled.
You should also keep good records of everything related to the claim related to why you are suing your insurance company. This includes any accident reports, police reports, medical bills, related costs, and more. In short, anything that you paid money for and anything related to the scene of the incident. Gathering witness contact information can also prove invaluable; sometimes it can even mean the difference between winning and losing.
In short, you should start the habit of good record keeping today, whether you are suing an insurance company or not.
3. Understand No Fault Insurance Policies
Some states have special auto insurance policies that are collectively referred to as “no fault.” These special laws can change how you receive compensation from your insurance company and how, or if, you can actually go about suing your insurance company. The laws differ from state to state, but they generally mean you can be “reimbursed by the policyholder’s own insurance company without proof of fault, but also restricted in the right to seek recovery through the civil-justice system for losses caused by other parties.”
No fault insurance states can change your legal proceedings, which is why you will probably need experienced legal counsel when suing an insurance company in states with these laws. Luckily, law firms in those states are very familiar with these laws and can help you navigate the system to your advantage.
4. Stay Vigilant
Insurance companies have many ways in which they can trap their customers in situations that get them off the hook. These can include pressuring customers into giving recorded statements, signing waivers and other documents that they may not understand, and dragging their feet on payouts. In each of these situations, you need to understand your rights and, ideally, bring legal representation with you to ensure your story is told truthfully and completely. When it comes to suing an insurance company, you will likely have an uphill battle. Armed with policies full of legalese and teams of lawyers ready to defend them, insurance companies can be tough opponents in a courtroom. That is why you will need someone on your side who can help you get the results you need. You can help yourself, too, by keeping spotless records long before the need to sue arises. Combined with the right legal team, your preparation and their legal expertise can help you get the compensation you deserve.