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Insurance Disputes: Frequently Asked Questions

Can I file a claim if I haven’t paid a new policy yet?

Yes. You can change insurance companies at any time, even if you have an active claim with your former insurance company. So long as you start the request before the switch goes into effect, the previous insurer is obligated to follow through.

Policyholders periodically switch companies if their current insurer is hindering the claims process. If you believe that your insurer is mishandling your account, it is your right to obtain quotes from other insurance companies. However, specific laws and procedures depend on the state of residence.

How long does my insurer have to honor my claim?

Depending on your state and the type of insurance, some state set specific time frames for when claims need to be acknowledged, while others only specify that they should be paid within “a reasonable time.”

When states do identify a time frame, it generally falls somewhere between 30 and 45 days. Longer than 60 days is customarily considered a delayed payment. These designated payout periods apply mostly to homeowner’s and auto insurance; different types of insurance may be subject to various restrictions.

Nevertheless, if you believe that your insurance company is deliberately hindering your claim and delaying payment, you may have grounds for taking a legal course of action.

I think my insurance company didn’t pay my claim in full. What can I do?

An underpaid claim can be an unexpected and immense blow. Nevertheless, it doesn’t have to be the end of the matter. Hasson Law Group LLP has substantial experience in dealing with insurers who deliver unreasonably and disobligingly low payouts.

Our team of attorneys has seen insurance companies lowball clients harshly, which they claim to be protecting. In most cases, this may be an instance of your insurer acting in bad faith. Call us at (678) 701-2869 for a free evaluation today; one of our attorneys will assess your case with no obligation or cost to you whatsoever. We will fight to retrieve the settlement that you’re worth.  

What does a public adjuster do, and what is their function in my case after I hire your firm?

A public adjuster is a professional that you can hire on your behalf to strive to settle cases with your insurer. A public adjuster is not an attorney and therefore does not need to be a member of the bar association. Still, only an attorney may represent you as your solicitor in court proceedings concerning your claim.

A public adjuster cannot:

  • Represent you or your co-insureds in a testimony
  • File a bad faith or breach of contract lawsuit on your behalf
  • Take the testimony of the insurance adjuster or the insurer’s “experts.”

Insurance companies are aware of the limitations of public adjusters, and now you are as well.

It is imperative that you read any proposed agreement with a public adjuster before signing it. Often, if you have a deal with a public adjuster established, you may still be responsible for paying the public adjuster even if you hire an attorney to appear for you.

If you have previously hired a public adjuster who is futile at acquiring satisfactory compensation from your claim, we may be able to help you with the matter. Please contact us to discuss your situation. This might be true even if the insurance company made no offers while the public adjuster represented you.

Be wary of adjusters who come to your home uninvited and solicit business, pressuring you into signing their contracts.

What is a recorded statement, and why would my insurance company ask for one?

A recorded statement is a common technique for investigating your claim. It can be performed in person or over the phone. Most insurance policies necessitate the insured to assist with a recorded statement. The failure to cooperate with an insurance company’s request for a recorded comment could put your claim at risk.

What does a Sworn Statement in Proof of Loss mean, and why does my insurance company want one?

Most insurance companies require that a Sworn Statement in Proof of Loss document be completed under the conditions of most property insurance policies. It functions as a formal notice of the claim to the insurance company. It is intended to provide information to the insurer so that they can set a reserve of funds that could be paid to your claim. If requested or otherwise necessitated under the policy, this document must be completed in a designated period. A lawsuit cannot be petitioned on your behalf if the insurer has requested this form, and you have not finished it.

What is an Assignment of Benefits (AOB), and should I sign it?

An Assignment of Benefits is a legal form that transfers the legal rights of your claim to a different party. Assignments of Benefits in property claims are typically used by “first-response” vendors, such as water mitigation companies. Nevertheless, any vendor who conducts services on your property may ask for an Assignment of Benefits.

Because Assignments shift your rights under the policy, you should have one of our attorneys review this legal document before signing it. We have witnessed cases where Assignments were so extensive that they assign all of the insured’s rights to the vendor, such that it inhibits the insured from objecting an insurance denial through the court.

You should meticulously read all the forms that are presented to you by vendors who assist in repairing your property and circumvent signing documents that contain nomenclature that allots your insurance benefits to any vendor.

What is the Examination Under Oath (EUO), and why is my insurance company requesting this from me?

An Examination Under Oath (EUO) is an alternative official procedure for an insurer to investigate a claim.

During the Examination Under Oath, the insurer’s agent will ask you questions in the presence of a court reporter who will write out your responses. A majority of insurance policies grant the insurance companies a right to conduct an Examination Under Oath, and an insured has an obligation under the plan to agree with a request for an Examination Under Oath.

When it comes to insurance, what is “bad faith”? What are some standard bad faith insurance practices?

All insurance companies are compelled and legally required to act in good faith, meaning that they will address you, the policyholder, with fairness, honesty, and good intention. This means that the company will not intentionally prevent you from receiving your rightful contractual benefits as well.

Not to be mistaken with breach-of-contract cases; if an insurer deliberately does not follow these guidelines, you have the right to bring litigation against your insurer.

The following are some common scenarios of bad faith maneuvers:

  • Unjustified delay in investigating a claim and delivering payment.
  • Inadequate investigation of a claim.
  • Denial of a claim for a nonexistent or invalid reason.
  • Blackmail or threatening language.
  • Deliberate misrepresentation of the policy.
  • Intentionally deceitful language.

The list above is far from exhaustive and complete. If you suspect that your insurance company has acted in bad faith, contact a Hasson Law Group LLP attorney today to get the representation that you’re worth.  

What is a maximum medical improvement?

When you’ve finished your treatment from an injury with a doctor, they will proclaim that you have achieved “maximum medical improvement.” The meaning of this is that the patient has attained a point where they are as healthy as possible; they may not be in the condition that they were before the accident, but their health has steadied.

In this case, a doctor may appoint the patient a permanent impairment rating according to the American Medical Association recommendations.

What is the difference between first-party and third-party claims?

In first-party affairs, you – the policyholder – make a claim to your own insurance company. You have endorsed a contract with your company, and your compensation depends on what is in that contract. For instance, if your home sustains fire damage, you can file a claim to your insurance company to cover the cost of repairs and damages. The sum you will collect depends on your contract with the insurance company.

In third-party claim scenarios, you file the claim with someone else’s insurance. Liability claims are the most prevalent sort of third-party claims. Since no contract exists between you and the insurance company, you may make claims for expenses that aren’t covered in the policy. For instance, in various states, if you are in a traffic collision but not responsible, you may file a claim with the driver’s insurance company – requesting reimbursement for pain and suffering or loss of wages.

What type of insurance disputes does Hasson Law Group LLP handle?

At Hasson Law Group LLP, we understand that claim rejection or hindered payments can cause catastrophic financial burden at times of greatest need, and we are committed to getting our clients the payouts they deserve.

Hasson Law Group LLP has a prodigious history of dealing with the following kinds of insurance disputes:

  • Homeowners
  • Fire Claims
  • Tornadoes
  • Sinkholes
  • Motor Vehicles
  • Business Property Losses

At Hasson Law Group LLP, our attorneys don’t accept that a lowball estimate or denied claim is the end of the line. Contact us today for a discussion. 

When can I file a first-party claim toward my insurer?

If you endure a loss or are injured in an accident, one of the first actions you should do is file a claim. If you caused the accident, or if no one else is included, you should file a first-party claim with your insurer.

While dealing with your insurance firm should be an uncomplicated procedure; this is not the case from time to time. Don’t be reluctant to contact Hasson Law Group LLP for a free consultation if you cannot settle with your insurance company. 

Why was my insurance claim denied?

Insurance companies are businesses that aim to generate revenue, and they utilize manipulative or deceptive communication in their policies to circumvent payouts in any way possible.

Companies may make the following statements to deny your claim:

  • The damages don’t total the amount that you’re claiming, or they don’t meet the deductible.
  • Your loss isn’t covered in the policy.
  • The insurer’s “independent adjuster” determines that your losses aren’t covered.
  • In medical situations, you employed an out-of-network provider.
  • You didn’t file your claim fast enough.

Sometimes, simple administrative inaccuracies result in rejected claims. But if your insurance firm continues to deny payment, you may be entitled to file a dispute. In this scenario, move swiftly – insurance companies typically set time constraints on denied claims. Diligently document your case and contact Hasson Law Group LLP today for a free consultation.

Hire an Insurance Litigation Attorney Today

We bring our prestigious large law firm and government service backgrounds to a small firm setting to offer you our extensive expertise in a personal, individualized approach where each case gets our full attention and our clients know they’re our priority. If you are struggling with an insurance policy claim, and you feel like litigation is the next course of action, you may need to hire an attorney to work on your behalf. Consulting with an attorney is the first step because an attorney will be able to tell you if litigation is necessary, and if hiring an attorney will be required to help you with the process. We welcome you to call Hasson Law Group LLP at (678) 701-2869 to speak with an expert attorney who has the experience required to help you with your insurance litigation claim today. We are proud to serve the Atlanta, Georgia area since 2013.

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    Hasson Law Group LLC

    The Hasson Law Group, LLP, is an Atlanta, GA law firm dedicated to two principal practice areas: winning high stakes disputes in the areas of business litigation, insurance recovery, and complex criminal defense, and tax, corporate and regulatory law mechanisms affecting family businesses, tax-exempt organizations and the individuals who support or serve them.

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