Brian White, Houston Personal Injury Lawyer

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Dealing with Insurance Carriers

What happens if my insurance company and I can’t agree on a fair settlement?

There are several different scenarios that may play out if you can’t come to an agreement with your insurance company on a settlement.  Sometimes these scenarios are outlined by your insurance policy such as in arbitration.  Other times you need to decide on your own how to proceed.  In such cases you may have options like small claims court, the department of insurance, or filing a lawsuit.  Your insurance company will always put there interests before your own.  Therefore, if your case becomes complicated, you may want to hire an experience auto accident attorney to guide you through the process and look out for your rights.

Arbitration

Sometimes your auto insurance policy will state that when a dispute between you and your insurance company arises, a neutral third party will settle the dispute outside of court.  This is often called binding arbitration because both you and your insurance company must abide by the ruling of the arbiter.  The case cannot then be taken to court if one party disagrees with the decision.  Arbitration is most often used when the only issue at stake are the damages to be paid.

If a settlement can’t be agree upon, either you or your insurance company can request arbitration.  Arbitration requires both you and your insurance company to hire an appraiser to review your claim and decide how much the settlement should be worth.  If the two appraisers disagree on the settlement figure then a third appraiser is brought in to make a final ruling on the settlement figure.

While arbitration is not free it is generally less costly than going to court.  Your out of pocket expenses will include hiring your own appraiser was well as splitting the cost of the third appraiser with your insurance company.  It is up to you to decide whether these cost will be offset by the amount you hope to gain from a settlement.  If for some reason the insurance company does not abide by the arbitration ruling you are allowed to file a lawsuit against them.  In such a case an experienced Houston car accident lawyer will help protect your rights and get you the settlement you deserve.

If there is not an arbitration clause in your insurance policy and you cannot reach a settlement agreement with your insurance company, you have several other options.

Small Claims Court

In Texas the maximum dollar amount you can sue for in small claims court is $10,000.  If you believe your settlement should be worth more than $10,000 then this may not be your best option.  If you are looking for less than $10,000 then small claims courts are a good option because they are a less expensive way to resolve your dispute.  You can sue without the services of an attorney and the process is general faster.  Although you don’t need an attorney for small claims court you may want to consult a car accident lawyer for advice and coaching tips on how to proceed with your claim.

Department of Insurance

The threat of filing a formal complaint with the department of insurance may be one way to negotiate a higher settlement with your insurance company.  Keep in mind that often times the department of insurance will not side with you unless your insurance company wrongfully denied you coverage or has refused to negotiate a settlement.  You may only want to file a formal complaint if you are sure your insurance company has acted improperly.

File a lawsuit

You will want to contact an experienced automobile accident attorney in order to file a lawsuit if one of several conditions apply.

  • You feel like you are getting nowhere with your insurance company and negotiation has not been working
  • The claim is worth more that $10,000 (the amount you can get from a small claims court suit)
  • There are issues with your insurance coverage or a dispute about the coverage
  • When you are getting close to the end of the two year statute of limitation period you have to file a lawsuit (within 2-3 months)
  • Your accident was serious, involving severe injuries and high medical expenses

What can an auto accident attorney do for me?

-Help you understand the confusing legal issues that are particular to your case.  A car accident lawyer can assess the injuries, damage to property, establish who is at fault, give advise about negotiating with insurance companies, help you understand what your case is worth, and guide you when deciding to file a lawsuit or take your case to small claims court.

-Just like the insurance company’s claims adjuster, and experienced auto accident attorney will be able to investigate your car accident.  They will gather information about the auto wreck, talk to witnesses, read police reports, gather medical information, and establish how much your settlement is worth.
-Negotiate on your behalf with the insurance companies.  Your insurance company negotiates with auto accident victims on a daily basis and they are very good at it.  You could be at a distinct disadvantage when negotiating a settlement without the advise of legal counsel.

-Handle an uncomfortable communication with your insurance company and file the necessary paperwork.  An automobile wreck lawyer will be able to relieve you of many of the duties needed to handle your claim, giving you the peace of mind that you are not alone in the claim process.  When your insurance companies knows you have a lawyer they will know you mean business.
-Represent you if your case goes to court.  You will need an experienced car accident lawyer if you go to court.  Your insurance company will have a lawyer protecting their interests, you should have the proper lawyer representing your interests.

Contact an Attorney

Brian White is a Houston automobile accident lawyer who used to work for the insurance companies and knows how they will try to minimize your compensation.  But now he works for you, has a unique insight into how insurance companies operate, and will help you deal with a difficult insurance company and any issues that may arise.  Even if you are still unsure whether or not you need a lawyer to assist you with your car accident claim, contact the Law Offices of Brian White now for your free consultation.  Negotiating your claim without professional help can be scary and there is no charge until your case is won.  Brian White will get the compensation you and your family deserve.

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