Insurance companies are a necessary evil in the eyes of many. Insurance companies can be your best ally after an accident. When the unexpected happens, you can go to your insurer to get the compensation you need to get back on your feet. However, not every insurance company is willing to do good by their word, and they often engage in bad-faith practices. In cases like this, it may be necessary to take legal action against your insurance carrier. Miami lawyer who sues insurance companies Prosper Shaked invites you to keep reading as we discuss how you can sue your insurance company in Florida.
Filing a Claim Against Your Insurance Company in Florida
Generally, every person has to get insurance coverage in case of a car accident, motorcycle accident, or bicycle accident. One of the first things a vehicular accident victim may do is contact their insurance company to report the incident and obtain coverage for their losses. An insurance company’s duty to its policyholder is to provide them with assistance as outlined in the insurance policy contract. However, not every insurance company likes to play fair.
Many insurance companies look for ways to justify denying the assistance you need. Some companies purposely – and without justification – delay the investigation process, while others might look for loopholes in the contract’s wording or flat-out reject your claim and leave you empty-handed. These practices are called “acting in bad faith.”
In contracts, both parties are expected to act in good faith and adhere to the principles of fair dealing. It is essential to consider how the insurance company’s actions may affect you. It is possible they may be acting in bad faith.
Many people feel overwhelmed or afraid of big insurance companies and think they have no chance to successfully pursue a legal claim. However, there are ways you can hold your insurance company liable for their bad-faith acts. Filing a bad faith insurance claim can give you a chance to fight for the compensation you need after an accident. Some of the steps you should follow when filing a claim against your insurance company in Florida include:
Reviewing Your Contract
Your insurance policy is essentially a contract between you and your insurance company. As with many contracts, an insurance policy has different clauses and stipulations outlining what you will get for your investment, what your insurer’s responsibilities are, what rights you have, and other relevant information pertaining to the agreement. However, it is essential to review your claim and make sure you are entitled to compensation. Reviewing your contract thoroughly can help you understand whether the policy is on your side. In other words, you should make sure you meet all the requirements set forth by the contract in order to obtain compensation.
Gather All Relevant Information
The more evidence you can collect to support your claim, the better. In contractual disputes, documents are the primary source of information. Remember, a claim against your insurer is not about what you can say, but about what you can prove. The best chance to prove you are entitled to compensation is to show the evidence supporting your claim. This can be done by gathering any documents relevant to your case. For instance, you should make sure to have a copy of the original contract readily available. In addition to your agreement, keep a record of all receipts, reports, and any mail between you and your insurance company. The more information you can gather, the better your chances of proving your case.
File a Complaint with Florida’s Department of Insurance
Before taking your insurance company to court, make sure to exhaust all other remedies available to you. For instance, you can file a complaint with Florida’s Department of Insurance. In many cases, this agency may be able to provide you with a solution to your situation through mediation, a non-contentious process where both parties look for a resolution to their issues. If mediation fails to provide you with a fair solution to your problem, you may take your insurance company to court.
How Does the Insurance Claim Process Work?
As you know, in our legal system, every defendant is innocent until proven guilty. In a bad faith insurance claim, the plaintiff – you – need to show that the defendant denied you coverage in bad faith. You may wonder how you can make your case and show the court that your insurer acted contrary to the principles of fair dealing. As we mentioned above, your greatest ally in a bad faith insurance claim is information.
One of the ways you can demonstrate that your insurance company acted in bad faith is by providing information that shows your insurer did not act promptly. All insurance companies should act within a reasonable amount of time to solve your situation. If they fail to do so, they may be acting in bad faith. Another way to prove bad faith is by showing that your insurer denied your claim without an explanation. Your documentation should support all of the allegations you make against your insurance company.
Contract law can be complicated; it is always in your best interest to retain the services of a knowledgeable contract lawyer who can guide you through the entire claim process.
Skilled Attorney Suing Insurance Companies in Florida
If you or someone you know is facing problems with their insurance company, we may be able to assist. Many insurance companies are eager to deny you the compensation you deserve after being involved in an accident. Miami personal injury lawyer, Prosper Shaked, can help you fight against greedy insurance companies or untrustworthy insurance adjusters. We understand how frustrating and intimidating the whole process may seem. That is why we dedicate ourselves to defending your rights and fighting aggressively to get you the compensation you need. To learn more about our services and how we can assist you, call Prosper Shaked Accident Injury Attorneys PA today at (305) 694-2676.