After an accident, you need to submit a claim. This will result in a settlement or rejection. If the insurance adjustor sees your claim to be valid, a settlement will follow. The question is, “Will the insurance company offer you a fair car accident settlement?” More to the point, “What will you do if they do not?”
If the insurance representative makes you an offer, it is easy to accept it. It will take care of some of your problems. It is also easier than spending time fighting the company. Many individuals will agree to the terms rather than increase the level of their stress and go on without paying their bills. It is not difficult for a large insurance corporation to outlast your needs and resilience. This is why you need a professional, a lawyer. He or she will help you rebut an unfair car accident insurance claim.
Rebutting The Unfair Claim
A rebuttal is an argument or series of arguments disputing the findings. There are several ways to rebut an unfair car accident insurance claim. Primary among them is an understanding of the legal obligations of the company to establish and explain themselves. In other words, the insurance company must
- Explain the reason for their offer
- Provide a reasonable and valid reason
- Provide you with accurate information upon which they have based their assessment
Once you have obtained the rationale and other specifics, you can then consider possible arguments against it. These will depend upon your policy, the circumstances and the provisions under law. In general, the arguments may form around certain aspects of the actions of the insurance company. You, or better still a qualified attorney, may
- Indicate the conclusions are based on the adjustor’s abilities and not those of an expert. You can then provide the company with evidence derived from expert testimony
- Check to see if the Unfair Claims Settlement Practices Act is applicable in this particular situation
- Examine the documents or evidence submitted by the claims assessor to see if he or she misrepresents different pertinent aspects of your policy
- Question the company’s definitions or depictions of the events involved in the accident including such things as negligence
What About A Lawyer?
An unfair car accident claim can result in stress. Signing the agreement will only result in a temporary reprieve. This now complex issue requires undivided attention and expertise. Consider the invaluable services of a car accident insurance lawyer.