Most American consumers will, at some point in their lives, deal with an underpaid insurance claim. Complaints that insurers are underpaying a claim are so common, they actually perceived as the norm. However, not many people actually challenge their insurance companies; they take what is offered, even though they are entitled to more. Insurance companies depend on clients accepting less in order to lower their liabilities. Most people don’t want to go to the trouble of pursuing an insurance claim lawsuit, and so insurance companies get away with it.
What are my options if claim was underpaid?
If you have been underpaid by your insurer, then you can respond and get what you deserve. Here’s what you should do if you suspect that you have been underpaid:
- Review contract and check your maximum coverage
- Ask the insurer how your settlement was calculated
- Hire a third-party claims adjuster to give an objective assessment of your claim
- If your insurer does not accept your objection and the second opinion you have received from the outside adjuster, contact an insurance claim attorney to open a complaint against the insurer.
Can I settle a claim without going to court?
In most cases, your claim can be settled through negotiation or arbitration without going to court. If, however, it does go to court, your attorney will represent you in the proceedings and if you are successful, you may be entitled to two different reparations. The judge may hold the insurer liable for the full value of the damages you have experienced. They may also be held responsible for any emotional distress you have suffered as a result of the underpayment and delay. Your attorney will make a case, both for the insurer’s full payment of your claim, and any extra-contractual damages you may have suffered.
If you are unhappy with an underpaid insurance claim, you have a right to take action. Contact Shamis & Gentile and book a consultation with one of our attorneys.
