Claimants that have learned and perfected their negotiating skills have the best chance for winning a fair settlement.
Know the laws in the state where the accident took place
Each state has its own requirements, with respect to delivery of a fair settlement to accident victims.
—Some states have passed Fair Claims Practices Acts
—Some states have put their requirements in rulings from the state’s court system.
In all states, the insurance companies must act in good faith.
Know the statute of limitations in the same state
The statute of limitations provides injured victims of an accident with guidelines. The deadline in the statute is the last day for submitting a complaint to the appropriate court.
Understand the timeline that goes with the deadline: After what hour will the court no longer recognize the legitimacy of submitted complaints? Be sure to learn the state’s time zone, so that the hour given in the deadline has more meaning. Not all accident victims will reside in a state that lies in the same time zone as the time zone in the state where the accident took place.
Be able to recognize evidence of bad faith
• Refusal by an insurance company to pay a submitted claim
• Delay on the part of the insurance company of a payment that has been promised to a claimant or plaintiff
• Requesting completion of an unreasonable or unnecessary amount of paperwork, before agreeing to deliver payment
• Delay making any response to a submitted claim
• Failure to provide a reason for denial of claim
• Delay delivery of a settlement that is of an appropriate size.
• Not agreeing to defend policyholder against a given claim.
Be clear on the details, concerning each piece of evidence
For instance, take the requirement that an insurance company must agree to defend a policyholder against a given claim. In how many different situations would that apply?
Would it only apply to situations in which a negligent policyholder has caused the insurance company to receive a 3rd party claim? Could it apply to a situation in which a policyholder has made a first party claim?
Suppose the policyholder had purchased an uninsured motorist option, and had been hit by an uninsured motorist. Then suppose the adjuster had alleged that the policyholder was partly to blame for the list of factors that caused the accident, as per personal injury lawyer in Lindsay.
Would the insurance company have an obligation to offer a defense against the adjuster’s allegations? If yes, how would it be expected to arrange for a lawyer to fight the company’s own adjuster? If not, then how could the insurance company prove that a planned reduction in the claimant’s compensation had been carried out in good faith?