If you are having to file an insurance claim, it’s likely due to the fact that you have just suffered through a terrible event. Having to deal with the unscrupulous tactics of an insurance company is the last thing you need on your plate during this time.
Luckily, there are steps that you can take to help you avoid the frustration of dealing with purposely dragging insurance companies. You can also depend on the responsiveness of the Millin & Millin legal team. Our dedication to justice and results means you get the support you need when seeking your rightful compensation from deceitful insurers.
On top of having Millin & Millin as your advocates when dealing with bad faith tactics, we also recommend utilizing technology to help you work through the claims process. Web tools, insurer apps, and even smart-phone cameras can be vital resources to help you gather evidence, prepare a claim, and submit information to help support your case.
Unfortunately, even when following the appropriate measures to ensure a successful - fully paid claim - your insurer may still attempt to pay you less than what is rightfully yours. Fight back with these tips.
With today’s technology, you no longer have to physically write down everything you own. Nowadays, you can just utilize the camera on your smartphone or tablet to take video of all your possessions, as well as details about your home and its architecture.
You’ll want to take as many pictures as possible, as well as note down any attention grabbing details about your home. The more information you have on hand, the easier it will be for you to recall the particulars should you file a claim at some point.
If you should experience a house-damaging event, then photograph the source of the damage. After taking the necessary steps in gathering information (i.e. pictures and video) then go ahead and do what you must to prevent further damage. However, do not commence with cleanup or repairs until the insurance adjuster has visited you.
When the claims process begins, remember that insurer apps can make sending pictures and other records to the company much more efficient, so take advantage of these options. Also, keep in contact with the adjuster frequently (once a week) by phone or email. During the repairs process, keep receipts for any expenses you paid for as a direct result of having of the damage occur (i.e. supplies used to help contain the damage).
Be aware that filing a small claim may cause a rate increase, so if possible, fix the issue yourself to avoid having a higher premium.
Fighting back: If your insurer continues to hassle you over miniscule or irrelevant details during the claims process then get in contact with your state insurance department. There are usually free services that the department offers that will help you through the claims process and help to ensure you get the legal compensation you’re entitled to under your policy.
Car accidents happen in an instant, but the effects can be felt for a lifetime. Though the stress of being an involved in an accident can make it challenging to gather all the information needed for an insurance claim, try and remain calm.
It’s essential that you do NOT simply exchange insurance and contact information with the other driver(s), but that you also take pictures of the incident. Take photos of the damage to your car, the damage to other cars involved, the accident scene, weather conditions, license plates, registration and insurance cards. If possible, get contact information from witnesses for future purposes. When police arrive and create an accident report, get the report number and a copy of the forms.
When all vital information has been gathered, contact your insurer.
You can generally use any repair shop to get your car fixed, but following the insurer’s recommendations may help to expedite the process.
Fighting back: If the chosen body shop claims that the repairs will cost more than the appraiser says, provide the shop’s estimate to your insurer. There may be differences in costs because of policy specifics, but in these scenarios you have the right to get an independent appraisal. Recruiting an independent party to your case may help you to settle the claim closer to what you feel is fitting.
If your insurer claims that the car is totaled, but value it at a significantly lower price than anticipated, then do some investigation into the selling prices of used cars with similar conditions as your own. You can also ask for the reasoning behind the lower payout. If you feel like the payment is still too low, contact your state insurance department.
Health insurance claims can be an exhausting experience because of a third party - your health care provider. During the purchasing phase of health insurance try and get a clear understanding of what exactly a policy will and will not cover - as well as service requirement specifications. For example, is pre-approval needed to obtain services at certain facilities?
Also, pay attention for out-of-pocket costs for an out-of-network provider. These charges tend to be higher than with in-network providers and processing them may be burdensome because the out-of-network provider has not set up a claims link with the insurer. Make sure to call your insurer with any questions you may have about out-of-network coverage and to take detailed notes of the conversation including date, time, the person you spoke with, and conversation points.
When making a claim, compare the doctor’s bill with the insurer’s explanation of benefits (EOB). Also, be aware that the doctor’s office may have sent you a bill prior to filing a claim with the insurer, so do not pay until you have received the EOB.
Fighting back: Claim denials may just be related to administrative problems, and occur for a number of reasons including the insurer needing additional information from the doctor or a mistake in the billing coding. It is highly recommended that you avoid simply making repeated phone calls and instead immediately go into the appeal process.
Your state insurance department can once again be of great benefit prior to the appeal. They can provide you guidance and information, especially when dealing with large claims. Make sure you have the proper evidence and documentation from your doctors on why a given procedure was necessary.
If after several attempts to rectify the issue and negotiate a claim effectively, the insurance company continues to act in a malicious manner, contact Millin & Millin PLLC immediately at 956-631-5600. Bad faith lawsuits can be complicated, but our experienced lawyers have the know-how to deal with any insurance company – big or small.
If after several attempts to rectify the issue and negotiate a claim effectively, the insurance company continues to act in a malicious manner, contact Millin & Millin PLLC immediately at 956-631-5600. Bad faith lawsuits can be complicated, but our experienced lawyers have the know-how to deal with any insurance company – big or small.
Lindsay Diaz lost her duplex home in Rowlett, Texas when Seagoville based Billy L Nabors Demolition mistakenly tore down the house following a rash of deadly tornados in late December 2015.
Unfortunately, individuals who have suffered damage to their home or property because of a negligent act by a business or corporation often encounter difficulty in seeking just compensation in their dispute with the offending party. Many businesses will engage in bad faith behavior to avoid liability for their actions. When a company commits a wrongful act against your property, you’ll want a law firm that is willing to fight for your legal rights. Millin & Millin, PLLC has the attorneys that are committed to making sure when you or your property are hurt by business wrongdoings, the company is held responsible.
According to the lawsuit filed by Diaz, the demolition company whose slogan is “We could wreck the world” - failed to perform due diligence when they erroneously drove to her duplex at 7601 and 7603 Calypso Drive, rather than their actual target home, which was located at 7601 Cousteau Driver.
The houses, which were a mere block away from one another, had both suffered tornado damage. Diaz, however, had not sought to have hers demolished and was actually anticipating fixing the building, but was simply waiting on a FEMA estimate before commencing with repairs. Diaz had even submitted a permit to rebuild, but then received that fateful phone call. Unfortunately, her plans had been completely rendered moot.
The chief executive of Nabors Demolition, George Gomez, claimed that the demolition crew was mistakenly sent to the wrong house because of a Google Maps error. At the time, the company crew was certain they had arrived at the right home and were confident they had torn down the correct structure until they were notified of their mistake.
It is purported that Gomez initially told one local news outlet that the demolition was “not a big deal” and that the company’s insurer would handle the situation. The statement began to circulate online, during which Diaz attempted to contact Nabors, but was unable to get in contact with the company.
It wasn’t until after thousands of residents responded to the story on Facebook, and after an influx of negative media coverage, the Diaz said the demolition company finally reached out to her to offer an apology. Diaz is quoted as saying, “I sat down with them and we spoke with them and they sincerely apologized. They promised to help and to make it right.”
However, since that conversation, Diaz has filed suit alleging that attorneys for Nabors have failed to agree to a full settlement for the mistaken demolition.
The lawyer representing Diaz added that Nabors Demolition also damaged the foundation of the property and have thus added to Diaz’s rebuilding costs. Furthermore, because the insurance repair estimates were based on the original damage the house sustained by the tornado, Diaz is now being forced to cover the total cost of rebuilding.
The legal representative of Diaz in her lawsuit against the company stated that Nabors were absolutely negligent in their failure to ensure that Diaz’s duplex was the correct home prior to initiating the demolition. “If you’re in a business of demolition, especially of homes, you need to have more due diligence. I think it was gross negligence. I think they should have taken additional step to make sure they were tearing down the right home.”
Regardless of the type of claim, the size of the case, or the subject of litigation, our lawyers have represented plaintiffs fighting for justice against all size of defendants. The attorneys at Millin & Millin, PLLC understand that those in need of legal representation are seeking qualified, excellent, and efficient lawyers. That’s exactly what our firm brings to the table.
Reach us at 956-631-5600 or contact us here to get the legal ability and dedication you deserve.
As originally found here by the Daily Report Online, a federal judge ordered Nationwide Mutual Insurance Co. to pay more than $8.1M to the family of an auto accident victim. A jury determined that the insurer acted in bad faith by denying a claim for the death of the deceased woman, Stacey Camacho, who lost her life to a drunk driver.
More than $5.7 million of the total sum was awarded in a 2009 trial against the negligent party, and as of the the most recent trial, the court has still yet to determine an awarding for attorney fees because Nationwide did not settle in 2011 for $4.5 million.
This lawsuit, which took place in Georgia, was affected by the state’s offer judgment statute which asserts that the party that declines a settlement offer, and then losses in trial by at least 25 percent more than the rejected offer, can be forced to pay for the other party’s attorney fees. The representatives of the plaintiffs noted that this large amount was caused by Nationwide’s bad faith practices and would have only been $100,000 had they agreed to pay on the policy limit rather than insisting upon additional conditions.
Though every lawsuit has its own set of circumstances, and not every settlement ends in the millions, it’s still important to recognize that regardless of the size of the insurance company, if they are acting in bad faith, then there are lawyers who are willing to help you fight for the justice you deserve. Million & Million, PLLC are those lawyers. Our experience with bad faith practices and lawsuits means we can help you recover the monies that are rightfully yours.
In the underlying case, the 25-year-old mother died as a result of Seung Park slamming his commercial van in Camacho’s Toyota Tercel in 2005. The mother, who was driving with her 2-year-old son at the time, suffered fatal injuries and passed away the following day.
Park was sentenced to seven years in prison and five on parole after pleading guilty to vehicular homicide.
After the accident, Camacho’s husband and mother/executor retained a lawyer, who sent Nationwide a time-limited, 10-day demand for Park’s $100,000 policy limit, as well as an offer to shield Park from any personal liability from other claims aside from other insurance coverage available to the Camacho family. Nationwide rejected the offer and responded that they would only pay if the family supplied a general release which would force them to repay the insurer if other claims were made.
In 2011, after several years of litigation and an initial award of $5.85 million, the family retained new counsel (as their lawyers in the state case were potential witnesses) and pursued the bad faith lawsuit.
The pretrial defense filing reasoned that Nationwide had challenged the lawsuit on various grounds, including Park’s negligence as the proximate cause of the damages against him and that the family’s initial lawyer was attempting to instigate a bad faith claim by demanding specific type of releases in order to push the insurer beyond the 10-day demand letter deadline.
The defense team also claimed that the bad faith claim was a tort and that the case was truly about a breach of contract.
The plaintiff’s legal representatives said there was little discussion aside from a $500,000 offer from Nationwide shortly prior to the trial that was declined.
During the trial, the jury had to decide whether Nationwide acted in bad faith or negligently, with damages to be determined at a later date. Because of the intricacies of insurance laws, the plaintiff’s lawyers noted that they were challenged by the need to educate the jury about the processes and procedures of the insurance system and how they play out in a lawsuit.
After litigation that lasted a little over one week, the jury found for the plaintiffs.
The presiding judge noted that Nationwide’s claims adjuster had admitted to the handling of the initial demand letter as “not in line with industry custom and practice” and that “there was certain evidence from which the jury could infer that the plaintiffs were being jacked around in their settlement negotiations giving Nationwide’s conduct the flavor of bad faith.”
In total, the family was awarded $5,730,000, which was the amount of the state court judgment, plus what was at the time of entry, $2,405,873 in interest.
If you are experiencing similar difficulties with your insurance company, then find some relief in knowing that Millin & Millin, PLLC is here to help. We have a track record of going up against the big bad wolf insurance companies and successfully getting fair compensation for our clients. Schedule an appointment today in our McAllen office to find out how we can help you with your claim.
After timely payments on your premium, and faithful customer loyalty to your insurance company for years, it may come as a shock to discover that your insurer may not be as compassionate to you as you would’ve hoped. The haunting truth is that though insurance companies are not purposely wicked, however their loyalty ultimately lies with profits.
The attorneys at Millin & Millin PLLC are aware of the dubious nature of insurance companies and so they strive to provide their clients with the most reliable legal consultation when facing civil litigation challenges - especially against these large business entities.
There are a number of issues that can arise when dealing with insurers and one of the worst is bad faith insurance. Unfortunately, customers aren’t usually cognizant of bad faith insurance until they are attempting to file a personal injury claim. This is when bad faith denial of claims begins to emerge, which is illegal, and which can affect the claims tremendously.
Fortunately, with the right team of attorneys by your side, you can fight these illegal actions and gain back the benefits that are rightfully yours. Because bad faith insurance is unlawful, companies are susceptible to fines and punitive damages, which can run into the hundred of thousands of dollars or even the millions.
When negotiating insurance claims, adjusters may act in bad faith.
Bad faith insurance practices are the refusal, denial, underpayment or delay of a legitimate claim by a policyholder. When an adjuster of the insurance company denies a claim for no reason, then it could be that your insurer is acting illegally.
Bad faith is whenever an insurance company:
Unfortunately, bad faith practices occur way too often, especially because insurance companies maliciously take advantage of the fact that most policyholders aren’t always aware of their rights or legal options when being mistreated.
Bad Faith Insurance Laws
Thankfully, there are laws set in place to help prevent bad faith insurance practices from occurring. These laws allow individuals to to take legal action from mistreatment and protect policyholders from unethical practices.
If your insurer continues to deny you a fair settlement, then you can file a complaint with your state insurance board. An investigation will help to determine if the insurers were acting in bad faith. However, the insurance board can only levy fines against the company, but CANNOT force them to pay a claim. This means you’ll need a competent and experienced law firm like Millin & Millin PLLC to help you file a suit against them.
When is it Not Bad Faith?
A simply disagreement between an insurance adjuster and policyholder about the total loss amount does not necessarily represent a bad faith practice. It is important to remember that a simple mistake or error caused by the insurer does not necessarily mean that they were acting in bad faith.
Who is the Claims Adjuster?
Claims adjusters are employed by the insurance company to help process claims. Their responsibilities include:
Is Your Adjust Acting in Bad Faith?
If you are under the belief that your adjuster is acting illegally, then the first thing you will want to do is file a complaint with that adjuster’s supervisor. Note the reasons why you believe the adjuster is negotiating in bad faith and discuss your concerns with the supervisor. Make sure that you do not initiate the conversation with threatening to file a suit as this will only cause them to treat you as a disgruntled customer rather than with the consideration you deserve
Inform the supervisor that:
To be taken seriously it will exceedingly vital that you gather (and offer) as much proof of the bad faith dealings as possible. Always take good notes when talking with your adjuster so that you can provide viable examples of the bad faith tactics.
After the discussion with the supervisor, send them a certified letter that confirms the date and time of the conversations. Also reiterate the reasons you believe the adjuster is acting illegally.
When You Need an Attorney
If after several attempts to rectify the issue, and negotiate the claim effectively, the insurance company continues to act in a malicious manner, then contact Millin & Millin PLLC immediately. Bad faith lawsuits can be complicated, but our experienced lawyers have the know-how to deal with any insurance company - big or small.
We know that pursuing a case against a company on your own can be intimidating. That’s why we want to be the support you need and deserve. Call the Millin & Millin PLLC offices today at 956-631-5600 to help you secure the coverage and benefits you are owed.
It’s that time of the year again when our little ones and teens start their weekly treks to and fro school. Whether you drop them off, they walk, or they drive themselves, it’s important to remind your children about the necessary precautions to take when on the road and at school. From the playground to driving responsibilities, all children need to be aware of the risks that can lead to personal injuries.
Personal injuries can be very traumatizing for your child, and insurance agencies don’t always work as morally or effectively as they should. That’s why you need attorneys like Millin & Millin PLLC who will help you pursue the matter in an aggressive, yet meticulous manner, until you obtain the resolution you deserve.
Our lawyers at Millin & Millin PLLC are dedicated to your family and want to protect your loved ones by providing you with a few back-to-school safety tips to get them back home and safe in their bed every night.
The National Program for Playground Safety reports that 80 percent of playground injuries are caused by falls. That’s why it is important to remind your child to remain aware of their surroundings at all times and to avoid running on or jumping off of playground equipment. Also, make sure your child’s playground equipment is free from dangerous protrusions that can lead to wounds or head entrapment hazards that can cause serious neck injuries. Your child should also be adequately supervised, either by their teacher during school or by you during visits to the park.
Thousands of school buses safely transport millions of children throughout the U.S. every year, and though there is the occasional accident that makes national headlines, buses are a traditionally safe mode of transportation. However, there are some guidelines your child should follow to prevent injury.
The first thing is for your child to avoid running to the bus or waiting on the street as the bus approaches. Let them know to wait away from the street and to not approach the bus until it has come to a complete stop. Once on the bus, students should be seated at all times and keep the aisles clear of all books and backpacks. Also, remind them to avoid being unnecessarily loud or from behaving in a manner that could distract the bus driver.
When getting off the bus, remind your child to walk on the sidewalk at least 5 large steps ahead of the bus before attempting to cross a street. Your child should be able to see the bus driver and the bus driver should be able to see them.
Your child staring attentively at their phones while walking to school or home is a recipe for disaster. Remind your children, especially teenagers, that it is vital that they remain alert and to avoid texting and walking with headphones on. They should also stick to the sidewalks at all times, rather that on the street, and only cross at crosswalks. Also, explain to them the dangers of horseplay while walking and warn them about making unnecessary movements into the street.
With the advent of smartphones, tablets, and other such tech gadgetry, it’s too easy for your child to become distracted. This can severely increase their risk of danger from traffic and other hazards along the way.
A heavy load on the back of a small child is an injury waiting to happen. That’s why the American Chiropractic Association recommends a backpack weigh no more than 10 percent of a child’s weight as anything above this mark can lead to back and shoulder pain as well as poor posture.
Remind your teenager to leave books at their lockers between classes and to use both shoulder straps to spread the weight out evenly.
Another great idea, if the school allows it, is to purchase your child a backpack on wheels so they don’t have to worry about lugging around an extremely heavy weight load all day.
Children and teenagers playing sports are at a higher risk of suffering from concussions. While football is commonly considered the most risky sport for physical injury, other sports such as soccer are also known to cause high rates of concussions.
If your child suffers an injury to the head, then pay close attention to symptoms of concussions which include: feeling sleepy, confusion, forgetfulness, glassy eyes, poor balance, slowed speech, or changes in behavior. If you notice any of these symptoms in your child, immediately take them to the hospital so they can be evaluated and receive proper medical care.
Teen crashes spike during the school year, especially during the hours that school begins and lets out. It’s exceedingly important that you have a conversation with your teen driver to help prevent them from hurting themselves or others on the road.
The most important rules for your teen driver to follow are:
It’s important to also remind them about safety procedures around buses. When a bus has its red overhead lights flashing, and its STOP sign out, then ALL traffic from BOTH directions must stop at least 20 feet from the school bus. Remind them to remain stopped until the flashing red lights have been turned off and the bus has begun to resume its travels.
Also, tell them to keep an eye out for pedestrians and bicyclists on the road. It’s important they give the right of way to pedestrians at crosswalks and to always focus on the road ahead. Driving recklessly with multiple passengers can lead to some very serious injuries that could have been prevented.
Of course, even the most safety conscious person can fall victim to the negligence of another. If this happens to you or a loved one, Millin & Millin PLLC will help you fight your personal injury claim. Millin & Millin PLLC is proud of our outstanding reputation and ability to successfully help clients in every imaginable type of personal injury case - especially when the insurance company is acting unethically. Give us a call at 956-631-5600 to find out how we can serve your legal needs.
Millin & Millin PLLC wishes you and your family a safe start to the school year!
Getting in a car wreck, or having a work related injury occur, can be a very trying time in your life and cause an unnecessary amount of stress to you and your loved ones. Understandably, the occurrence of such a predicament can mean an endless array of thoughts, emotions, and worries will cross your mind. However, it’s important to remain as calm and aware as possible, during the entire phase, so as to avoid mistakes that can negatively affect you, your finances, and your claims should you decide to pursue legal actions.
At Millin & Millin, PLLC our lawyers understand that every aspect of an injury needs to be thoroughly analyzed, and all medical treatments need to be fully obeyed. Ultimately though, it is the responsibility of the victim to make sure they strictly follow the guidelines recommended by their doctors so that they can effectively prove that they were injured in a particular accident.
Follow the preceding tips to ensure that you DO NOT make mistakes that can be detrimental to your case.
If you are injured in a motor vehicle accident, or another type of incident that has caused you harm, then it is essential that you do not ignore signs of pain, regardless of how “small” they may appear to be at the time. These initial signs can be indicative of a more serious injury and thus it is extremely important that you seek immediate medical attention. If you are involved in an auto accident then do not hesitate to ask for an ambulance to transport you to the hospital.
Recognize that insurance companies and juries will not rule in your favor if it appears that you were not hurt badly enough to seek immediate medical attention. See a doctor immediately and do not allow your minor injuries to get worse.
Be absolutely truthful when visiting the doctor and do not fail to mention any previous injuries or illnesses that occurred before the current situation. Supplying inaccurate information to the hospital can negatively impact the quality of care you receive and can also hurt your legal case. If you fail to provide the doctor with honest and complete information, then the defending attorneys can reject a physician’s medical opinion based on the insufficient information you provided. Do not allow a contradiction or flawed medical argument destroy your case.
The medication prescribed to you and the accompanying medical instructions need to be followed until you doctor tells you otherwise. If you are uncomfortable with the particular medication prescribed, and are afraid that there may be some unwanted side effects, then mention this to your doctor to see if they can switch you to another drug that will be just as effective. Be aware though that side effects are not rare.
Please make sure to follow the doctor’s orders as not choosing to do so can have a devastating effect on your claim.
If you have suffered a debilitating injury that has affected your range of motion or ability to function normally, you need to seek medical treatment until you are healed or your physician claims there is nothing else that can be done to improve your condition. Continue to seek support for your pain and disability until you reach maximum medical improvement.
If you stop receiving medical treatment then insurance companies can perceive that as you having healed. Even if there is a significant gap between treatments they may argue that you are seeking treatment for a new and unrelated injury. Make sure to be in continuous contact with your doctor to prove that you have consistently sought assistance.
Once an injury claim has been made, insurance companies will receive your medical records. Skipping appointments, regardless if purposely or because of legitimate reasons, will look bad on your medical records and will make it appear is if you are not committed to getting better.
Frequently skipping appointments can also irritate your doctor, and a frustrated physician doesn’t make for a good witness for their patient. If you must cancel, then be respectful and call in advance. Also, don’t forget to reschedule.
During litigation, insurance companies and juries will review your records to note how soon, and often, you reported your pain. In order to effectively have your specific pains and limitations placed on the doctor’s charts, you need to be absolutely forthcoming about your injuries. Mention how they have impacted your everyday life activities and be sure to provide specific examples - like issues with negotiating stairs or kneeling to perform your job.
Writing down this information and presenting it to your doctor can be an effective means to have them understand your needs better. Just make sure to keep a copy of what you provide the doctor and make sure your attorney gets one as well.
It is vital that you maintain proper documentation of all doctor orders, treatment referrals, and/or work restrictions. Keeping the files provided to you by healthcare providers and insurance companies will help your attorney to present an exceptional case to the insurance company. If your lawyer knows every medical care provider that you have seen, then they will be able to maximize compensation for your injuries and pain. Save those files and keep them stored in an appropriate place.
If you have any additional questions or simply need assistance with insurance claims and issues contact Millin & Millin at (956) 631-5600. Our compassion, dedication, and personal attention will get you the RESULTS you deserve.
Every year, the average American spends thousands of dollars on insurance. Whether it’s medical, homeowners, automobile, or any other sort of coverage, the vast majority of people do not have to deal with filing large claims. This means most people have very little experience in dealing insurance agencies...and the companies are aware of this.
Unfortunately, complicated business jargon, deliberately placed delays, and purposely underestimated losses run rampant throughout the industry. A Haunting Truth to find out about a recent incident that exposed the dark side of the business. Realistically, insurance companies are businesses, which means profitability is the final goal. By engaging in delays, lowballing, and outright wrongful claim denials, insurance corporations are able to maintain a high profit margin while the policyholders carry the brunt of the burden.
You may not know how to deal with bad faith insurance dealings, but Millin & Millin Attorneys know exactly how to fight for your just due. Our compassion, dedication, and personal attention will get you the results you deserve.
We also want you to be familiar with the principles of insurance laws in order to protect yourself. By finding out what your rights are, and what your policy covers, you’ll be able to level the playing field.
So here are 5 things you insurance companies probably don’t want you to know.
Bad faith cases have to be thoroughly investigated to evaluate the likelihood of their success and so law firms are often willing to provide free legal analysis to the insured to validate whether or not the case should be filed. Use this opportunity to receive some free advice from an expert in the field.
have made a claim, they may be violating the law.
Some insurance companies may attempt to deny a large claim by accusing you, the policyholder, of trying to defraud them under the pretenses of perjury. Because it is understandably easy to skim through a policy application and answer questions quickly, though honestly, you may have forgotten minute details about every hospital visit.
Insurance agencies like to utilize this often unintentional oversight by policyholders to scare claimers away. However, if you are innocent of any wrongdoing and did not purposely commit perjury don’t give into such tactics.
Regardless though, remember to read all policy applications thoroughly and with an eye for incongruities in the writing. Also, do not simply fall over when insurance companies attempt to eliminate your policy after a claim. If you were being honest on your application then you have no reason to doubt the legal bindings of the policy, and with the right legal team, you can prove that the insurance company acted in bad faith.
It is illegal for an insurer to engage in biased delays, underpaying, or to utilize deceptive tactics in claims handling. The insured should not have to hire an attorney to be paid what they are owed. Insurance agencies must always be just and fair with their policyholders and any violation to these legal expectancies of good faith exposes the carrier to significant legal damages.
Insurance agents are not out inherently out to get you. They’re simply doing what their position entails, which is selling policies. The inconvenient truth is that the agents may not be as fully educated about the policy they are selling as they would have you believe. Yes, they’ll know what is covered, but that doesn’t necessarily mean they know what isn’t.
Furthermore, the agent usually won’t be able to show you a copy of the exact policy you are getting, as many companies send those out by mail after the policy has been purchased. So when you are in the initial stages of acquiring insurance, make sure to have the agent write down as many details of the policy as possible, and try your best to leave the office with some legally binding forms so that you aren’t left out on the dark about your coverage.
If your insurer argues that they would be offering you more to settle than what the net worth of your claim is after legal fees, then recognize they are attempting to underpay you. By engaging in such conduct they are not allowing the policyholder their legal right to be made whole. Watch out for this scare tactic and realize that insurance companies must pay for your legal costs should your claim ultimately lead to arbitration.
Making an insurance claim can be outright confusing, especially if it’s your first time going through the process. Sadly, many insurance companies will not make it any easier on you, and may have you run through hoops just to receive the coverage that is rightfully yours. Don’t worry though.
Millin & Millin PLLC are more than capable of advocating for you and helping you find the peace and justice you deserve. When you choose Millin & Millin PLLC, you are never alone in the process.
Find out how we can help you by scheduling an appointment with us today here or by giving us a call at 956-631-5600.
Insurance policies can be a bit complicated, especially in their use of market terminology. To understand who is covered under your homeowner’s policy, the first thing is to know what they cover.
Most traditional homeowner’s policies cover three areas: the physical structure of your home and other buildings on the property; personal belongings; liability from physical injury endured by others as a result of your property. Usually more than just the owner of the house is protected, but not everyone is covered in all of these various areas.
Understanding what is covered, should be followed by the best practice of doing a thorough reading of your insurance policy to ensure what you have purchased will meet your needs, and to also develop a better understanding of who is insured under your homeowner’s insurance.
Unfortunately, it’s quite easy to get lost in the insurance jargon we often find in our policies and this can lead to some major issues when we need to make a claim. If you are having problems with your insurance company as a result of bad faith policies and are facing anxiety, as well as expense issues, then contact Millin & Millin Attorneys who can even the playing field against your insurance provider. They may not always act in your best interests, but Millin & Millin Attorneys will.
Here are some of the individuals that should be insured under a “common” policy.
Every policy will list a named insured, “You”, which is policy-wide term; if the house is owned jointly, both names should be listed. This individual is the primary insured and benefits from the most coverage that includes the three areas mentioned above - property, personal property, and liability. The name insured tends to be the same person listed on the house deed, and whenever there is damage to the house, will be the one to make the claim.
Even if they are not specifically identified in the policy, as long as your spouse resides in the house, they are under the personal property and liability coverage.
Any individual who lives in the residency are covered by personal and liability insurance including: children; an aging parent; resident non-relatives under the care of “You” and who are under 21 years of age; student enrolled full time who was a resident prior to attending school and is under age of 24 if related to “You”; children who have returned back after graduating college even if over the age of 21. Check with your insurance agent for a more detailed list of who would be considered a resident.
Any individuals who are employed by the owner of the house, such as a housekeeper, are only covered by the personal property provision. Options, such as the employment practices liability insurance (EPLI), can provide protection against a variety of risks such as wage/hour defense, harassment/discrimination, or wrongful termination.
Guests and invited visitors are only covered for personal property insurance if that coverage is requested at the time you purchase the policy.
Renters are generally NOT covered by your insurance policy. In most cases, tenants will need to purchase their own renter’s insurance to protect their belongings in case your property is damaged or vandalized. This policy can also provide protection from being liable in case of an injury or property damage.
You may be interested in purchasing specifically designed rental property as standard homeowner’s insurance may not adequately cover liabilities.
These rules and policies are set in place to protect you and your loved ones from the financial burden of accidents and catastrophes that can strike at any moment. Sadly, insurance companies don’t always seek to treat you fairly. That’s why Millin & Millin Attorneys is here help.
Our track record of successful litigation against the disreputable actions of insurance companies is one of the reasons we continue to grow. Find out how we can secure you fair compensation on your insurance policies by scheduling an appointment with us today.
Making an insurance claim on a motor vehicle accident, construction issue, or personal injury incident, can be outright confusing; especially if it’s your first time going through the process.
Don’t worry though. Millin & Millin PLLC are more than capable of advocating for you and helping you find the peace and justice you deserve. When you choose Millin & Millin PLLC, you are never alone in the process.
In fact, here are some tips and information that will help to ease the stress of going through the various steps of the claim.
The first thing we advise you to do is to read through your insurance policy thoroughly to see whether you are covered and what exactly you are covered for. Bare in mind, you may be covered for the same loss under more than one policy. However, you cannot claim under more than one policy for any loss, so carefully consider which policy to claim against.
If you need to set up an insurance claim, call your insurance adjuster and provide them with exact and concise details of the claim. Also, make sure to request a claim form if they have not offered to give you one.
Depending on the specific type of claim, your insurance adjuster will give you advice on what to do next.
For example, if your home has been damaged, they may suggest you get some emergency repairs done. Always check that your insurance will cover the cost of any repairs. For larger claims with extensive damage to the home, it may be best to hire an experienced professional to thoroughly inspect the area.
By working with a 3rd party inspector, you’ll have a professional working on your behalf (rather than for the insurance company), and they may even help to negotiate with your insurance company to settle your claim. By utilizing an expert, insurance companies are much more liable to provide you with the proper compensation for the damage to your home.
However, keep in mind that the inspector will not be covered by the insurance, and you will have to pay for their fees out of pocket.
Another aspect to take into consideration is the “size” of the claim. If the total amount is relatively insignificant, then you might want to hold back on making that claim.
If you do decide to make a claim, regardless of its monetary value, you may lose your no-claims discount with certain insurance companies. A no-claims discount takes into consideration the number of years in which you have not made a claim on your insurance policy and its worth varies from insurer to insurer.
Additionally, you may find it more difficult to shop around for certain types of coverage the next time you renew your policy.
Furthermore, insurance companies are required by law to have a written procedure in place for dealing with claims and should assist you in the process. You should also consistently receive information about new developments and about changes within the process that can affect the outcome of your claim.
You should know the decision on your claim within 10 business days of when the insurance company makes the final decision.
When a claim is not settled in your favor, you should receive the reasons why in writing, and be provided with details on how you can appeal the decision. There is no definite length of time to settle an insurance claim and it simply depends on the type of claim being made. Complicated or larger claims may require expert analysis or the input of several knowledgeable professionals before the claim can be decided.
Though your insurance company will be the party that decides whether your policy covers the costs and damages, ultimately it is your choice whether or not to accept the settlement. If you are dissatisfied with their offer then you have the legal right to attempt to negotiate. If the statute of limitations has not passed, then you are allowed to seek legal advice, and have an attorney review your case to help you determine if are being compensated appropriately.
Make sure to always give accurate information whenever you are applying for an insurance policy. Be aware that any claim you make could be negatively affected if you give inaccurate or incomplete information when you initially apply.
If you have a claim against you by another party, insurance companies are not obligated to inform you of the outcome of such a claim and can agree upon a settlement without your knowledge or consent.
Always keep in contact with your insurance company and know the name of the insurance adjuster who is appointed to your case. If you disagree with the outcome of claim against you or have any issues throughout the process, you have the right to let your insurance adjuster know, and can speak with a representative from the customer service department at the insurance agency.
If you were involved in an auto accident, or perhaps affected by hail, and need repairs made to your car, you might want to make a claim on your policy to cover the cost.
Your insurance company will likely have a list of approved auto repair shops that are permitted to work on your vehicle. There is also the possibility that you may be given the option to use an auto repair shop of your choice.
The largest report of hail this year near McAllen was 1.75 inches. Don’t wait around for hail to damage your home and vehicle. Prepare ahead of time and protect your property. It is imperative that a homeowner knows what to do in the event that their home is damaged by hail.
Hail can cause a wide range of damage to a home and vehicle. Insurance companies don’t always make it easy to file a hail damage claim and some claims are not always accepted. Homeowners find themselves having difficulty with claims and compensation for payments that have already been towards any damages to the home. Hail damage is often unseen when looking at the roof from below, at which point it is necessary to bring in an experienced professional to inspect the area. The inspector must be licensed and insured to be credible and to securely work on the damaged area.
Hail storms can cause extensive damage to homes, especially to the property’s roof. Leaks in the ceiling, insulation failure and electrical issues are just a few of the problems that can occur if a roof is not repaired after a hail storm. It is highly important that these repairs be made as quickly as possible so that any further damage may be prevented. When obtaining a professional to inspect the damages to your property consider that some insurance companies have a tendency to refute many justifiable claims. It is best to hire an external inspector to verify and document all of the damages to the house and roof; the inspector’s report may reveal more damage than the insurance adjuster’s originally discovered. Even the most minuscule holes that are found can lead to long term damage and deterioration of the home and roof. There may even be cracks in the walls from water pressure; it is important to get a full and detailed report of all damages to the home. Even if the cracks and holes seem insignificant, a claim to your insurance company for hail damage is still valid.
Homeowners, check your insurance policy before having the roof inspected. Not all policies cover hail damage and without being covered for hail, a claim cannot be filed. However, if hail damage is included in the policy then the policyholder should contact their insurance company immediately. The policyholder will be asked a series of questions by an insurance company representative in reference to the damage to the home and any other relevant information. After the claim has been initiated, the insurance company will send an adjuster to inspect the roof and any other affected areas of the home. If the homeowner decides to hire an external professional then both the professional and the adjuster may review the damages and compare notes. After the damages have been reviewed an estimate will be made. Unfortunately, there are instances where the adjuster does not find any damages to the home and the inspector disagrees. The inspector will have to provide additional information to justify the claim.
Homeowners may have to pay the deductible to the hired inspector. However, if the claim is approved, the insurance company may pay the remaining balance to the inspector or to the policyholder who in return must pay the inspector what is rightfully owed.
Homeowners please be cautious and carefully read and comprehend your insurance policy. Claims can be denied if the required documentation is unavailable at which point a once valid claim will be revoked and the insurance company can claim any damage that is discovered to be prior to the existing situation. Also if a policy has been recently renewed or opened within a short period of time of the damage, the insurance company can claim that the damage or any other issues to the home will not be covered under the policy.
Once the damage to your home is proven to be valid and you have been in contact with your insurance company, you may need an attorney. An attorney can ensure that the insurance company pays for the damages. Although you may not have to go to court, an attorney can assist with the claim in order to make certain that it is properly covered by the homeowners insurance.
At Millin & Millin, we are dedicated to cover the holes and the cracks that are affecting your quality of living. We will ensure that your homeowners insurance company pay out what is owed to you and that damages to your home be repaired as quickly as possible. Let us help you protect your property.
