Auto insurance exists to cover the costs of an accident so victims don’t have to pay out of pocket for injuries and property damage that weren’t their fault. Unfortunately, insurance companies are for-profit businesses, often putting those profits ahead of those they serve. Insurers will often dispute an accident victim’s claims, questioning whether their policyholder is indeed to blame for the accident, whether certain losses the victim suffered are covered, or whether the amount the victim is asking for is reasonable.
If you’ve found yourself in a dispute with an insurance company, getting experienced legal help from an Alabama accident attorney can help you fight back against attempts to undervalue your claim without having to do the fighting yourself.
Steps to Take Immediately After an Accident
Hurt in a car accident? Take these steps to protect your right to compensation and make it hard for the insurer to dispute your claims:
- Report the crash to law enforcement and request a copy of the police accident report in the days after the collision.
- Seek medical attention to diagnose and document your accident injuries and get a treatment plan.
- Follow your doctor’s instructions, including any restrictions on work or physical activities.
- Obtain copies of your medical records.
- Notify the insurance company about the accident promptly after the crash.
- Keep all bills, invoices, and receipts related to the accident.
- Gather your pay stubs or income statements if your injuries keep you out of work or require you to go on lower-paying limited duty.
Finally, contact an auto insurance dispute attorney as soon as possible—preferably before filing your insurance claim—to get help dealing with insurance adjusters. Being proactive now can make it easier to get the money you deserve later.
Common Types of Insurance Disputes
Remember, insurance companies are ultimately in the business of making profits. As such, they’re apt to dispute claims whenever possible. Here are a few common types of auto insurance claim disputes to prepare yourself for:
- Liability disputes, where the other driver’s car insurance company denies that their insured caused the accident
- Property damage disputes, which may involve disputes over the extent of damage to your car, the suitability of the insurance company’s preferred repair shop to fix your car, the designation of your car as a total loss, or the actual cash value of your car after a total loss designation
- Injury disputes, which may arise when the insurance company disputes the nature or extent of your injuries or the reasonableness of proposed medical treatment
- Coverage disputes, which occur when the insurance company asserts that a claimed loss does not fall within the policy’s scope of insurance coverage or that an exclusion in the policy precludes coverage for the loss
- Bad faith disputes, in which you allege that the insurance company undertook a negligent or intentionally inadequate investigation of your accident claim
How to Dispute a Car Insurance Claim
If the insurance company denies your auto accident claim or offers you less money than you expected to receive, you may have several options for disputing the insurer’s decision. However, a successful insurance dispute will require you to keep detailed records of your communications with the insurance company, including copies of all written correspondence and notes of phone conversations with the insurance adjuster.
Your first step will be to go through the insurance company’s internal appeals process. This involves providing the insurance company with additional information and documentation in response to the insurer’s stated reasons for its decision. You can also ask the insurer to clarify its decision if you are unclear on why it denied your claim or offered you less money than you expected. You should also review your initial claim to identify potentially missing or inadequate information that may have led to the insurer’s decision.
You may be able to help resolve your dispute by seeking an independent claim valuation. For property damage claims, you can hire a public insurance adjuster to examine your vehicle to determine the cost of repairs or whether to declare your vehicle a total loss. For injury claims, you might obtain expert reports from your treating physicians and other expert medical professionals regarding the future care and rehabilitation you will need for your injuries or disabilities.
If the insurance company denies your appeal or request for reconsideration, you might be able to pursue a consumer complaint with the Alabama Department of Insurance. The DOI can determine whether the insurance company acted appropriately under the applicable auto insurance policy terms and help you understand the terms. An attorney can help you navigate these processes.
When to Hire an Auto Insurance Dispute Attorney
It could be time to hire a car insurance dispute attorney if:
- The auto insurance company denies your claim and provides only an inadequate or confusing explanation
- The insurance company blames you for the auto accident
- The insurance company unreasonably delays its investigation and claims process, such as by making excessive requests for new or different kinds of information or documentation
- The insurance adjuster does not respond to your communications in a timely manner
- The insurance company offers you an unreasonably low amount of compensation given your injuries or property damage
A lawyer can help you resolve an insurance dispute and maximize your financial recovery by:
- Investigating the accident to secure evidence proving the other driver’s fault
- Documenting your injuries
- Working with medical, vocational, and financial experts to calculate your ongoing and future losses
- Advocating on your behalf with the insurance adjusters to demand total compensation
Most personal injury lawyers work on contingency, which means you won’t pay anything upfront for their services. Instead, you’ll only pay them if and when they win your case. In other words, there’s no risk in getting their help to fight the insurance provider.
Proving Fault in an Auto Accident
Resolving your dispute with the insurance company will require evidence of their policyholder’s fault, such as:
- Police crash reports
- Accident scene photos and videos
- Eyewitness statements
- Surveillance/traffic camera footage
- Dashcam footage
- Weather reports
- Vehicle maintenance and repair records
- Car computer data logs
- Driver cell phone records
- Testimony from accident reconstruction and mechanical engineering experts
Contact an Auto Insurance Dispute Attorney
Is the insurance company disputing your claim? Contact Stokes Stemle LLC today for a free, no-obligation consultation with an Alabama car insurance dispute attorney. We’re ready to fight back and demand fair compensation for what you’ve suffered, and we won’t charge you a fee unless we win.
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