Underpaid Insurance Claims: What to Do

If you've received a settlement that doesn’t seem to match the damages you've suffered, you might be dealing with an underpaid insurance claim. While insurance companies are supposed to evaluate claims fairly, the reality is that they often minimize payouts.

By understanding how your insurance coverage works and knowing when to seek legal action, you can protect your rights. Keep reading to learn more about underpaid claims and what you can do to protect yourself.

Key Takeaways

  • If you’re dealing with an underpaid claim, document all communication and request a written explanation.
  • To determine if your claim was unfairly reduced, you can review how your damages were calculated and how liability was assigned.
  • Watch out for bad faith tactics like vague denials or misrepresentation of your insurance policy terms.
  • If you feel your insurance company has treated you unfairly, get help from a Texas insurance lawyer.

How to Know if Your Claim Has Been Underpaid

To know if your insurance claim was underpaid, you first need to understand how most insurance companies calculate the value of a claim. Here's how to tell if the settlement you received truly covers the full extent of your losses:

1. Claim Evaluation Starts with Evidence

One way to spot an underpaid insurance claim is by reviewing how the insurance company evaluated it. If any important information was missing or ignored, your payout may not reflect the full value of your losses. 

2. Liability Impacts Your Payout

It’s also important to look at how the fault was assigned when reviewing a possible underpaid claim. If the insurer wrongly placed some of the blame on you, that decision could reduce your payout.

3. Damages May Be Miscalculated or Overlooked

A big part of evaluating an insurance claim is how the insurance company calculates your damages. These are usually split into economic and non-economic damages.

  • Economic Damages – Economic damages include compensation for clear financial losses like medical bills, repairs, or lost wages.
  • Non-economic Damages – Non-economic damages cover compensation for things like pain, emotional distress, or loss of enjoyment. These are often harder to measure, so insurers use formulas to assign a value.

What to Do if Your Provider Underpays Your Insurance Claim

If your insurance company underpays your claim, you don’t have to accept it as final. You may be able to pursue fair compensation, even without taking legal action. Here's what to do if your insurance company underpays your claim:

1. Keep Records of Everything

It's important to save all communication with your insurance company. These can include emails, phone call logs, letters, and texts. With these records, you can help show delays, inconsistencies, or bad faith behavior.

2. Talk to a Bad Faith Insurance Lawyer

Speaking to an experienced lawyer who handles underpaid claims can be essential. They’ll review your case, explain your options, and help you decide whether you should pursue legal action.

3. Review Your Insurance Policy

Read through your insurance policy carefully to understand the coverage you’re entitled to. This helps you identify if the insurer failed to meet its obligations. Your attorney can help you understand your policy.

4. Request a Written Explanation

Ask the claim adjuster for a detailed explanation of why your claim was denied or underpaid. Vague answers could be a sign of bad faith.

5. File an Appeal

Use your insurer’s appeals process to challenge the decision. This gives the company a chance to reconsider before you take further action.

6. Report the Issue to Your State Insurance Department

If you believe the insurer acted unfairly, you may be able to file a complaint with the Texas Department of Insurance. They may step in and investigate.

7. Send a Formal Demand Letter

If the issue isn’t resolved, you can send a demand letter to your insurer explaining what you believe you’re owed and why. A demand letter formally informs the insurance company of your intent to sue if your demands are not met..

8. Consider Filing a Lawsuit

If the insurance company refuses to pay fairly, your attorney may consider filing a bad faith lawsuit. You could be entitled to more than just the original claim amount.

Other Common Types of Bad Faith Tactics Insurance Companies Use

Underpaid claims can add unnecessary stress and financial burden to an already difficult situation, but some insurance companies don’t care about the impact of these negative decisions. Underpaid claims are also far from the only type of bad faith practices insurers engage in. Here are some tactics insurance companies use when acting in bad faith:

  • Dragging out the claims process to avoid timely payments
  • Refusing to negotiate or settle, even when liability is clear
  • Twisting policy terms to confuse or mislead you about what’s actually covered
  • Ignoring deadlines and delaying investigations
  • Failing to respond to your questions or provide claim status updates
  • Overlooking necessary evidence that supports your side of the claim
  • Making excessive demands for documents that aren't necessary to process your claim
  • Giving no explanations or vague reasons for a denial, leaving you unsure of what went wrong

What a Bad Faith Insurance Lawyer Can Do for You

When an insurer fails to honor a valid claim or attempts to minimize payouts, it may be time to consider pursuing legal action. At that point, you’ll need a bad faith insurance lawyer. Here’s how they can help:

  • A bad faith insurance lawyer can help you file a bad faith lawsuit to seek compensation for underpaid claims.
  • Your attorney can help you negotiate a fair settlement that compensates you for your damages.
  • A bad faith attorney can provide legal assistance by reviewing your claim and identifying signs of unfair treatment.

Pursue Fair Compensation With Help From Millin and Millin Attorneys

Identifying and addressing an underpaid insurance claim can feel overwhelming, especially if your insurer is uncooperative. But with the right steps and legal guidance, you can challenge unfair treatment.

At Millin and Millin Attorneys, we offer strong legal support to help policyholders stand up to insurance companies. Our Texas insurance lawyers have a proven track record of handling underpaid claims and helping clients protect their rights. If you’re ready to take action, reach out today for a free consultation.

If your claim was underpaid, pursue fair compensation with help from an experienced attorney at Millin and Millin Attorneys today.

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WHAT CLIENTS ARE SAYING

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