‘Tis the season to be jolly, but if you’re unfortunate, the holiday season can also mean personal injury. Every year, thousands of people end up in the hospital because of holiday-related injuries. Whether you’re putting up lights, hanging wreaths, preparing a festive meal, traveling, or just working in wintry weather, you’ll want to be a little bit more cautious and patient, as one bad step can send you to the emergency room.
The attorneys at Millin & Millin, PLLC understand that sometimes accidents happen, but the best way to avoid them is to recognize what steps you can take to keep them from happening. So take into account the following holiday safety tips to ensure you and your family enjoy a safe and cheerful holiday season.
One of the most commonly reported decorating injuries involves slipping and falling.
With thousands climbing up on roofs and ladders to decorate houses and Christmas trees, it’s no wonder that we sees hundreds of slip and fall injuries during the holiday season. Consider the following safety tips to avoid a horrible accident:
Don’t let holiday travel dampen your holiday cheer.
Traveling means lifting and carrying baggage, but you’ll want to be extra mindful of your body to avoid common neck, back, and shoulder injuries. In fact, these injuries are so common that the Consumer Product Safety Commission reported 75,543 luggage-related injuries in 2013. So as you travel to visit loved ones consider the following tips:
Be careful when carving.
Turkey, ham, roast, and pies are all delicious holiday traditions, but they also require knife safety. The American Society for Surgery of Hands reports that hand lacerations are one of the leading causes of holiday injuries, so be wary and take care of those free fingers to avoid a carving injury. Here are some simple tips to remember:
An electrical shock is not the holiday surprise you need.
Electrical accidents are common during the holiday season because of the use of Christmas lights. Overloaded outlets and frayed wires can have horrific consequences on an unsuspecting victim, so remember to use the following tips to avoid an electrical shock:
This time of year can be especially hectic with huge to-do-lists that cause safety measures to be overlooked, and even then, sometimes the safest families have accidents.
If you are having to file an insurance claim, it’s likely due to the fact that you just suffered a terrible accident. Having to deal with the bad faith tactics of an insurance company is the last thing you need on your plate during this time. Depend on the responsiveness of the Millin & Millin legal team to get your rightful compensation from deceitful insurers.
Contact us at (956) 631-5600 to get help from the premier bad faith insurance lawyers of the McAllen metro and Rio Grande Valley.
Every insurance company owes it to their policyholders to act in good faith. When an insured individual has been involved in a circumstance that directly affects his or her way of life, the policyholder usually files an insurance claim immediately so that compensation can be granted and to diminish unexpected financial burdens.
Lamentably, policyholders face deeper issues when their insurer deceives them.
Although acting in bad faith, or implementing unfair practices in a valid claim, is out of compliance with the Texas Insurance Code, insurance companies sometimes prefer to not fulfill contractual obligations for their own advantage.
Are you currently dealing with a bad faith insurance situation?
Let the attorneys at Millin and Millin represent your case.
Although insurance companies are responsible for bad faith practices, insurance adjusters also play a role in this wrongful behavior. Adjusters have the responsibility of processing and properly investigating a claim, developing reasons why a claim should be denied, and figuring out whether the policyholder was at fault in a given incident.
In most cases, adjusters will spend hours investigating and trying to find details and evidence that can aid in denying a claim. These acts help adjusters implement claim evaluation techniques that can have a negative effect on a policyholder’s claim.
Courts around the nation have concluded that an insurance company must have systems that their adjusters can depend on when evaluating a claim. Although a bad faith act should never be a company standard, nobody truly knows exactly how insurance companies operate, so it’s difficult to get a full disclosure of what happens behind closed doors. There are, however, recognized tactics that are utilized by insurance companies.
Below is a list of examples that can aid in identifying a bad faith act:
There are certain steps that can be taken if you believe that your insurance company is acting in bad faith. Those include contacting the adjuster’s supervisor or taking legal action in an attempt to recover what is owed to you.
Most people begin by gathering all the facts and vital proof that can be used to back up their assertion. It is also advisable that claimants keep their cool when attempting to contact a supervisor about the matter; cooler heads prevail and will help you to receive the attention of a higher authority rather than being disregarded as a vexed claimant.
After your conversation, stay in contact, and following up as needed. Make sure that you send a certified letter to both the supervisor and a copy to the adjuster. Summarize all the elements that were discussed by phone and add an additional paragraph that details why you believe your adjuster acted in bad faith.
Conclude by saying that you are hopeful that both the insurance company and adjuster will begin a fair negotiation of your claim and that you will seek legal representation if the situation does not change.
If you find that your claim was rejected even after attempting to come to an honest agreement, then do not hesitate to contact the attorneys at Millin & Millin. Our litigators have advocated for McAllen metro residents who have had to deal with bad faith insurance tactics. Our attorneys possess superior experience and the necessary knowledge to bring forth an exceptional case.
Contact us at (956) 631-5600 for a free consultation.
The holiday season is one of the most joyous times of the year. There’s a wonderful abundance of family, friends, festivities, and cheer. But there’s also an increased risk for a holiday mishap. Especially fires.
Naturally, the first instinct is to turn to your homeowners insurance company after a disaster. Once a claim is filed, your insurer will send over an adjuster to evaluate the damage. Sadly though, the adjusters are representing the company’s interest first and foremost, which means the homeowner gets the short-end of the stick.
In a catastrophic house fire, for example, the insurer will often recommend a professional cleaning service to clean the carpets, furniture, etc., rather than pay replacement costs.
Rather than have to deal with the consequences of a bad faith insurance claim, consider taking the necessary steps needed to reduce these risks.
The National Fire Protection Association (NFPA) issued a report in 2015 that showed that between the years of 2009-2013, Christmas trees were responsible for an estimated 210 house fires per year; this lead to an annual average of 7 deaths, 19 injuries, and $17.5 million in direct property damage.
Although Christmas tree fires are not very common, when they do occur, they are more likely to cause serious damage. Consider the following recommendations to avoid a fire hazard:
The same study completed by the NFPA found that U.S. fire departments responded to an average of 860 home fires during the same time frame (excluding Christmas trees). Annually, these fires account for an average of 1 death, 41 injuries, and $13.4 million in direct property damage.
Additionally, candles accounted for 38% of home decoration fires, with half of those occurring during the month of December. Remember the following candle safety tips to avoid a holiday tragedy.
Fireplaces are uncommon in the McAllen metro area, but electric space heaters are still widely used during those occasional winter cold fronts. While necessary for many families, the NFPA urges caution and ask the public to practice safe heating tips. Though electric space heaters only account for 32% of home heating fire involved space heaters, they cause 79% of home heating fire deaths.
The leading factors for space heater fires includes the equipment being too close to combustible items such as furniture, clothing, and mattresses, as well leaving the space heater unattended.
Millin & Millin bad faith insurance lawyers offer the following tips.
Even the most vigilant, safest family has accidents. 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.
Depend on the responsiveness of the Millin & Millin legal team to get the justice you need when seeking your rightful compensation from deceitful insurers.
Contact us at (956) 631-5600 to get the legal representation you need.
In life, one thing that is guaranteed and cannot be avoided is change, and it sometimes comes as a surprise whether one likes it or not. But there are two types of change: those that we embrace and the ones that negatively affect our well being. So, what do you do when life throws you a curveball?
Perhaps you were in an accident that caused severe injuries, or you were a victim of catastrophic loss, in which your property and belongings were destroyed. The most reasonable response would be turning to your insurance company to obtain the necessary compensation.
After all, you are only seeking the financial help that rightfully belongs to you as a policyholder. While for the most part, there are plenty of devoted and loyal insurance companies who care about seeing you back on your feet after a life changing event, not all insurance companies have your best interest in mind.
Acts of bad faith happen all the time, but you do not have to be a victim. If you or a loved one are struggling to obtain fair compensation after an accident or unexpected event, contact Millin & Millin PLLC today. Our reputation and impeccable knowledge in civil litigation has helped many individuals take advantage of their legal rights.
How do you know if your insurance company is acting in bad faith?
Below are a few examples of insurance bad acts:
An insurance bad faith results in deeper loss for the company when the insurer fails to provide the claimant what he or she deserves by law. In one bad faith case, there was a man who was struck by a truck as he raked the leaves of his front yard.
Apparently, the driver had jumped the curb and hit the man. The injured individual was rushed to the hospital where he was diagnosed with a broken neck, brain hemorrhages, and a herniated disk.
Weeks after the incident, the man received minimal compensation from the driver’s insurance company and so decided to file a claim right after.
The insurance company was required to pay him $100,000 in underinsured motorist coverage. After his claim was ignored and unfairly denied, the man sued the insurance company and received $8.2 million in damages.
Those who do not have to worry about whether they must pay taxes on bad faith litigation recoveries are those who are granted compensatory damages for physical injuries or physical sickness.
Individuals who are not adequately compensated or whose health has worsened because of an insurance company’s failure to provide appropriate compensation are usually exempt from paying taxes.
However, one key element to take into consideration is to understand who paid the premiums on the insurance policy. If your employer paid the premium than you are subject to taxation.
The team at Millin & Millin PLLC is ready to advocate for your legal rights. We have helped a multitude of individuals from all around the Rio Grande Valley deal with bad faith insurance claims. Contact us today for a free case evaluation at (956) 631-5600.
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.
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.
