AUTOMOBILE ACCIDENT LAWYERS

2 comments on this topic

1. msc says:
   
   18. March - 9:38 am

   The insurance company is bound by the terms of the policy. If they’re not living up to their promises, then you need to fight. Covering all losses means covering all losses, not a fraction.

1. mbrcatz says:
   
   18. March - 9:38 am

   You fight this case, by finding out the details on exactly why it happened that way. The insurance company would have provided those details in writing.

   If dad flat out didn’t buy enough insurance to cover his loss, he got what he paid for.

   Most of the time when I hear this happening, the insured bought 25% of the insurance he needed . . .and when claim time comes around, and he gets 25% of the claim, he’s upset!

   You usually do get what you pay for. The insurance company does NOT "cover all losses". It only covers, for the coverage YOU BOUGHT. If you pay for a Big Mac, you do NOT get a Ruth Chris filet mignon.

   First step, file a comlaint in writing with your state insurance commissioner. You’ll need the details to do that, and then you need to say why you think those details are wrong, referring to the policy.

   If that doesn’t work, you’d hire a public adjuster second. But they might not get very far – if you’ve GOTTEN the maximum amount of coverage paid out, then you’re flat out underinsured.

   You’d hire the attorney last, but they’re not particularly useful with insurance claims, unless the claim is flat out being denied.

1. Margarita D says:
   
   18. March - 9:38 am

   Your father needs to take the letter he received along with a copy of his policy and go to see his insurance agent in person. His agent should be able to explain why the insurance company is only paying the amount they are stating. Normally the claim payment on a property loss is totally subject to what is covered in the insurance contract. Your father either had the coverage on his policy or he did not. For example if he did not have Loss of Income Coverage under his policy, then the company cannot pay him regardless of how much time the shop has been closed. Another example would be if he only had $50,000 worth of coverage but actually had $75,000 worth of contents — the issue then would be that the insurance company would pay the amount of loss less his deductible less the co-insurance penalty because he was underinsured.

   Unfortunately many commercial clients do not want to fully insure themselves because they don’t want to pay more. Other times the issue can be that clients don’t want to let their agents know when they have purchased additional equipment or made significant improvements to their buildings because they don’t want to pay the extra premium. The problem is that eventually when you have a claim all of it catches up to you and you find yourself significantly underinsured which results in a check that is significant less than the damages the business has suffered and many times results in a business closing their doors permanently.

   The only person who can truly explain this to your father is his agent. In terms of an attorney, attorneys usually take on cases involving injuries — there is no money to be made in handling a property damage case. Frankly if you don’t have the coverage in the policy, an attorney cannot force the insurance company to pay your father even a dime more!

   I hope this information helps. Good Luck

1. MSAD says:
   
   18. March - 9:38 am

   If the insurance company only paid a small amount – there is a reason for it. It’s possible that your father was under-insured. Meaning he did not have high enough limits to cover all his losses.

   Your father needs to call the adjuster that sent the letter. The adjuster will be able to explain the reason for the claim payment. You may not like the answer but the adjuster can explain it to you.

   And if it’s a case of your father did not purchase enough insurance or did not purchase the correct type of insurance, there is nothing you can do about it.

1. Jim says:
   
   18. March - 9:38 am

   Sometimes it DOES happen that the insurance adjuster/company tries to pay just enough to satisfy the consumer. Unfortunately, I see this all the time in the insurance world. This sheds a bad light on our entire industry and is just as disturbing each instance I see it happen.

   With that said, this may or may not be the case with your father’s company. I agree with the others that posted earlier and your father should sit down with his agent and adjuster to understand why only part of the claim was paid. If the answers received seem unfair and not part of the insurance policy, his best bet is to file a complaint with the State’s Department of Insurance. This governmental entity is the policing agency for insurance companies, agencies and agents operating in the state.

   Additionally, after this situation is over and may require your father to choose a different insurance company, ask that he visit the National Association of Insurance Commissioner’s (NAIC) web site to view the complaint ratio of any prospective company. This ratio will give a pretty good idea of how many complaints have been filed against the company and the company’s ability to resolve issues.

   I wish your father good luck with the claim and hope it was an honest mistake. Please know that the GOOD agents and GOOD companies far outnumber the bad ones.

1. Wolfie says:
   
   18. March - 9:38 am

   That is how insurance companies operate. They count dealing with attorneys as part of the "cost of doing business" and are banking on most of their clients either 1) never making a claim or 2) not having the tenacity to pursue the matter past a token check to *partially* cover losses. If your father has already cashed the check, it may be too late. It was probably accompanied by a letter claiming his doing so meant he agreed to their terms. If not, there may still be time to hire a lawyer to force the insurance co. to pay for the coverage your father was paying premiums for.

1. Common Sense says:
   
   18. March - 9:38 am

   You can’t fight. They pay what they’re legally obligated to pay. Nothing more.
   Read the policy.

1. Barry White says:
   
   18. March - 9:38 am

   Your father, like most small business owners, was probably underinsured for property damage. It’s doubtful that he has any recourse.

1. Ginger says:
   
   18. March - 9:38 am

   I’m sorry for your father’s loss.

   Before you listen to extremely ill-informed advice coming from poster’s such as "Wolfie" be aware that insurance companies are one of the most regulated businesses in our country. The policy is a legal contract and explains, in detail, exactly what is covered and what is not.

   Unfortunately, many, many consumers of insurance do not know what they purchased because they don’t actually sit down and meet with their insurance agent and discuss the details of the coverage BEFORE they have a claim. In most cases, the policy the customer chooses is based principally on price alone.

   On a daily basis, I do everything in my power to have my policyholders LISTEN to me when I advise them of what they should cover themselves for. Most want just enough coverage and the bare minimal price for it.

   Keep in mind, computers and equipment can be covered for actual cash value (depriciated value based on age) or replacement cost. What did he purchase? The structual damage may be completely repairable. Who is he working with to do the repairs? Are they giving him a fair price or are they jacking up the estimate because they know insurance is involved? Loss of income is an option that is available, but has strict limits.

   Your father can hire an attorney to decipher the contract for him. Most attorneys don’t want to work with property damage because it’s cut and dry based on the contract. They LOVE to work with personal injuries because that’s subjective. He can talk with the insurance company and have them explain in detail (which they probably already have and he just doesn’t like the answers). He can hire a public adjuster who will also explain the contract and take at least 10% of the offer.

   Me, I would sit down with the adjuster and dig into the policy contract and have them explain it to me detail by detail until I understood.