When you have suffered a personal injury accident, it’s logical that the first step you will want to take is to call your insurance company. Naturally, you’ll want to start the process of having your insurer take care of you - and that makes total sense.
The problem is, your insurance company may start to act in bad faith, failing to provide you the benefits you are owed or pressuring you to agree to a settlement for less than you deserve.
Suffering an accident is hard enough, but having to deal with an insurance company on top of that can be completely overwhelming. Thankfully, you don’t have to go at it alone.
An insurance attorney can make sure your insurance provider isn’t trying to take advantage of you and can negotiate on your behalf. If you’re feeling overwhelmed after a personal injury accident, contact Millin & Millin today.
Even when insurance companies don’t outwardly act in bad faith, they still may try to have you agree to a settlement for less than you deserve. Insurance companies stay in business by keeping payouts low, so they may challenge your description of the incident or ask you to jump through hoops in order to frustrate you into taking whatever settlement they offer. At times, insurance companies and their adjusters may make unreasonable demands on information to provide them in an attempt to stretch out the duration of your claim, causing you to pass the statute of limitations to complete your claim.
A trustworthy insurance claim lawyer, on the other hand, will always keep your needs first. An attorney familiar with the process of making insurance claims can make sure that everything in your case goes smoothly, providing you the legal guidance you need to avoid any pitfalls.
Insurance companies like to rush claimants into settling quickly in order to keep settlements low. If you sign legally binding documents right away, only to later discover that you were more seriously injured than you thought, you will likely be unable to recover any additional money for medical bills and other costs associated with treatment.
It can also be hard to tell exactly what you’re agreeing to. Insurance companies may try to convince you to sign a full release when you think you’re signing a property damage release. Insurance companies may pressure you into signing medical release forms.
In general, it’s best to check with an attorney before you sign anything from an insurance company.
Speaking of full releases, property damage releases, settlements, negligence, liability, fault — insurance talk can be downright confusing. If you attempt to negotiate with an insurance company on your own, they will use your lack of experience against you.
At times, insurance adjusters will take advantage of the situation and utilize their experience to make the process as intimidating as possible. But a dependable attorney will fight and make sure the insurance company gives you the compensation you deserve.
In most cases, insurance companies record conversations with their clients. Even if you feel you’re having a friendly conversation and feel safe confiding in the adjuster, it’s important to remember that your adjuster works for a billion-dollar company trying to be as profitable as possible.
Just telling the truth can reveal facts that your insurance company has no right to know and no right to ask for. Your best bet is to wait until you have legal guidance on how best to approach the situation or a lawyer who can adequately negotiate on your behalf.
The bottom line is, insurance companies can leave you out to dry if you don’t have legal representation. The insurance process is anything but intuitive, and it should be taken very seriously- especially when it comes to your physical and financial well-being.
While your case may seem simple to you, the reality is that many factors can come into play, affecting your ability to secure the benefits that are rightfully yours. On the other hand, if there are other complicating factors you don’t know about, hiring an attorney can mean the difference between getting the compensation you need and not having enough for your medical bills or other financial needs.
Insurance companies may not always act in good faith because they are too concerned with their bottom line.
Your lawyer’s job is to protect you, not a billion-dollar company. The dedicated attorneys at Millin & Millin will do everything in their power to make sure you get the settlement you and your family deserve.
At the beginning of the new year, many people often make resolutions to better themselves. From eating healthier to exercising more, saving money to completing a project, we all make goals for the year.
In 2020, resolve to better protect yourself and your loved ones by performing an annual insurance review. This simple act can save you from a ton of problems should you have to file an insurance claim down the road. By knowing exactly what coverage you have and - perhaps more importantly - what you are missing, you’ll be able to make the right decisions about your insurance needs.
Your insurance claim lawyers at Millin & Millin highly recommend you review your policy at the start of every year with your insurance agent. Here’s why.
If you have coverage for any of your property - including a home or other valuables - you may find that you are actually underinsured because of how property value increases. For instance, if the property value of your home is greater than the cost of when you first bought it, then you may not have enough coverage to rebuild in the event of a catastrophe.
For example, if you paid $150K for your home but over the years its value has increased to $250K, then a lack of coverage could leave you footing the bill on any damages suffered.
When reviewing your insurance policy, you may find the means by which to save yourself a bit on insurance costs, including taking advantage of discounts you weren’t aware of, adding extra coverage at no extra costs, or even taking coverage off of property you no longer have, such as a vehicle you recently sold.
Depending on your insurance provider, you may even be able to lower your premium if you have improved your credit score over the past year, decided to pay an annual premium versus monthly installments, or simply been with the company for a significant amount of time.
Businesses in the United States are expected to have certain policies in place in order to protect employees and clients. Failure to update your coverage can lead to substantial penalties, or even bigger issues, like being sued by another party.
It is much better to be proactive when it comes to your business and seek out adequate coverage so you can protect your business and yourself from financial hardship.
When performing an annual insurance review, there are several questions you will want to ask your insurance agent in order to ensure that you have the protection you need to keep yourself, your family, and your valuables safe.
Start the decade off on the right foot by reviewing your insurance policies. If it’s been some time since you last examined them, you’ll have the opportunity to make adjustments before disaster strikes. This can prove to be absolutely pivotal when making an insurance claim.
Unfortunately, even with the right coverage in place, insurance companies may still act in bad faith. If you are dealing with an insurer who does not want to pay out the coverage that is rightfully owed to you, then do not hesitate to contact the dependable and trustworthy insurance claim lawyers at Millin & Millin. We have the skill, knowledge, and compassion necessary to get you the results you need.
The construction industry can be brutal and the laws affecting it can be very complex to navigate. Unfortunately, when a contract goes south, those involved in the project can end up facing substantial financial losses. Construction business owners, service vendors, construction workers, and all others involved in a given project face serious risks when getting involved in a project.
Thankfully, there are ways to protect yourself and to obtain the compensation that is rightfully yours if something goes wrong.
Your construction law attorneys at Millin & Millin can help you get paid through a mechanic’s lien. Also known as a construction lien or contractor lien, filing a lien against a property can help to ensure that your rights are fully protected and that you obtain what is owed to you.
Our attorneys can effectively represent construction contractors or property owners facing a construction lien dispute.
A lien is a document that certain parties can use as a way to obtain payment for their services rendered. The lien typically documents the amount owed, the party responsible for payment and other vital information regarding property records.
If the debt is not paid on time to the creditor, then the lien can begin to affect the debtor’s credit, as well as their ability to sell or refinance the property, along with other legal issues.
A mechanic’s (or material men’s lien) is a means by which certain parties involved in a construction project can get paid for their work. Mechanic’s liens typically cover labor, materials, supplies and any equipment used to make improvements to a given property. Depending on the specifics of the contract or project, liens can be filed before work begins and then removed once the debtor has met their financial obligation.
Mechanic’s liens can also be filed for work that has already been completed.
A mechanic’s lien can be filed by a wide range of parties who may have been involved in the construction project, either by providing labor, services or materials, including:
While liens do not necessarily force the creditor to pay you immediately, they do create a legal hazard that most property owners do not want to face. Liens against a given property essentially make it difficult for the owner to sell or refinance the property until the lien is paid.
In order for the property owner to use the property effectively, they will want to pay off their creditors to obtain a clear title. Should a debtor fail to pay off what is owed, the creditor can file a lawsuit to force the sale of the property so that they can obtain payment for their services from the selling of said property. With foreclosure being such a real risk, most property owners would rather pay off what is owed.
If there are multiple liens against the same property then Texas law will determine in what order creditors are paid.
There are certain deadlines and important due dates that any individual wanting to file a lien should be aware of. Parties who are contracted directly by the property owner do NOT need to submit a preliminary notice if it is related to a commercial project. For individuals wanting to file a lien on a residential project, then the contractor must file with the county recorder.
In order to file a lien on a commercial project, a general contractor should do so by the 15th day of the 4th month after last month that they provided materials or labor to the project. For parties wanting to file a lien for a residential project, they should do so by the 15th day of the 3rd month from when they last provided materials, labor or services.
When it comes to actually enforcing the lien:
Thankfully, in the state of Texas, parties involved in a construction project have plenty of protection to secure the compensation that is rightfully theirs. However, the process of filing and/or enforcing a lien can be complex without the assistance of a qualified attorney.
If you need support with filing a lien against a party that has failed to pay you what you are owed, do NOT hesitate to seek out the guidance and assistance of the construction law attorneys at Millin & Millin. We want to make sure your business continues to thrive.
While insurance companies are obligated to compensate victims of drunk driving accidents, there have been instances where they attempt to avoid paying out by placing blame solely on the driver.
For instance, one agency attempted to classify a drunk driving accident as intentional in order to avoid paying the verdict. The insurer argued that because the driver chose to drink and drive, it was as if they were acting intentionally, which is not covered in their policy and thus they were not liable for damages.
The victim of the accident was forced to sue the insurance company as a result. Thankfully, the court ridiculed the logic of the insurance company and forced them to pay out to the victim.
This case was of great value to Texas drivers who have been injured in auto accidents caused by drunk drivers and who are having issues with the negligent party’s insurance company. You DO NOT have to deal with insurance company’s acting in bad faith when you have suffered a severe personal injury as the result of another party’s carelessness. Let the insurance claim lawyers of Millin & Millin help right the wrongs done against you.
In order to recover compensation for the damages and injuries you have suffered, you will need to file a claim against the drunk driver’s insurance provider. Unfortunately, this is often easier said than done.
Insurance companies - especially those acting in bad faith - may attempt to delay your claim in order to either frustrate you into taking a minimized settlement or in order to stretch the claim out until it has passed the statute of limitations.
In the State of Texas, individuals have two (2) years from the date they were injured in order to file a personal injury claim against the responsible party.
This means that you should seek out quality legal counseling immediately after you have suffered your catastrophe. Not only is it necessary so that you can file your claim within the proper time frame, but also so that you can also fight back against insurance company who is unlawfully denying or slowing down the claims process.
Whether you are misinformed by the negligent party’s insurance provider or if you simply do not know your rights, please be aware that the drunk driver does not have to be charged or found guilty of criminal activity in order for you to file a civil claim.
Whether or not the driver is found guilty of a DWI charge, you can still pursue a personal injury claim. Your attorney will need to provide evidence, however, that the driver was responsible for the accident - and simply using the DWI charge is not valid enough. Instead, your attorney will have to rely on the facts of the situation and focus on the exact cause, such as speeding or running a red light, in order to prove that the driver was responsible for your injuries.
A dependable attorney will thoroughly investigate the claim in order to recover compensation for your damages.
What Will the Insurance Company Cover After a Drunk Driving Accident?
Depending on the specific circumstances of your accident and the amount of coverage the liable driver has available, then you may be able to receive compensation to help cover but not limited to:
It is important to note that (1) if the driver only has minimum coverage then you may need to seek restitution through another manner and (2) you will only be able to receive compensation up to the policy limits of the insurance company.
Is the insurance company of the responsible driver trying to deny your claim or place liability strictly on the driver? This is known as bad faith and you have the right to seek justice against this type of illegal business tactics.
Suffering from a serious accident and having to make an insurance claim can be scary and frustrating. Sadly, many insurance companies will not make it any easier on you and may make you jump through hoops just to receive the coverage that is rightfully yours.
Do NOT accept this type of behavior.
Have you had a terrible experience with your insurance company acting in bad faith or offering you a disappointing settlement? In addition to consulting with the insurance claim lawyers at Millin & Millin, you also have the option of filing a complaint with the Texas government agency responsible for protecting consumers against bad faith insurance settlements.
The Texas Department of Insurance (TDI) regulates and investigates the handling of insurance claims in the state of Texas. If you believe that your insurance claim has been mishandled, the TDI can help hold the insurance company responsible and reverse or adjust your settlement, though a private insurance lawyer may be a better option in some cases.
Before we discuss the advantages of hiring a private insurance lawyer, here is some basic information on how to file a complaint with the Texas Department of Insurance.
Insurance companies are looking out for their own best interests when they settle an insurance claim, but consumers also have policy rights that must be protected.
Some of these rights include a prompt settlement process, fairness in negotiation and ultimately, a “good faith” settlement that is appropriate to the claim being made, whether it is home, auto or another type of insurance.
According to the TDI website, the department can help you with your insurance complaint against the following companies, agents and adjusters:
Disputing an insurance settlement can be a long process that may require detailed documentation and mediation between the parties involved. The process itself starts simple enough with downloading and submitting a complaint form from the TDI website, but before doing so you should speak with the insurance company’s customer service department to try and settle the dispute.
In other words, you should think twice before filing a complaint because it can be a long process and the result may not be what you expected. It is important to know clearly from the outset what is the nature of your complaint, what results you want to achieve and what are the chances of achieving those results.
Our insurance law attorneys at Millin & Millin can help you think through these questions.
Unfortunately, in the State of Texas, the department of insurance is not able to make findings on who is at fault in an accident. This is something you would have to take up with a personal insurance lawyer. Also, due to tort reform, the TDI is limited in what it can do in cases of personal injury claims.
An example of what the TDI can help you with is when an insurance company refuses to make auto repairs. In this case, you will want to keep all repair receipts to show the TDI and also make sure an adjuster inspects the vehicle damage before repairs are made.
By following the right process from the beginning (documentation, prompt communication, etc.), you can make sure that no insurance company will get away with a bad faith settlement.
There are many cases when hiring an experienced insurance lawyer is preferable to disputing a claim through the TDI or other state insurance department. Unlike the TDI, lawyers are working directly for their clients and are not dealing with thousands of public cases at a time.
The difference between a state insurance department and a private insurance lawyer can be somewhat like the difference between a public defendant and a personal lawyer in a criminal case. With a private attorney, you can be sure that you are getting the personal attention you deserve and that the lawyer will try to find every avenue to pursue what is rightfully yours.
The TDI is a good option in many general cases such as auto repairs, but other types of complaints (for example, personal injury) can be complex and a private attorney can uncover options beyond what you originally expected.
Even if you decide to file a complaint with the Texas Department of Insurance, by contacting the insurance claim lawyers at Millin & Millin you can discuss all your options and make the most informed decision for your insurance claim.
Is your insurance company acting in bad faith? Millin & Millin can help to right the wrongs done against you!
Contact us today at (956) 631-5600 for a FREE case evaluation.
The past few years have seen a few devastating hurricanes cause massive amounts of damage to Texas’ coastal region. While we here in the Rio Grande Valley have been fortunate to avoid any catastrophes, the reality is that a major storm can eventually hit our region.
That’s why being prepared this hurricane season is so important.
You not only want to have a plan in order to protect yourself and your loved ones, but you also want to make sure that you have the right insurance coverages in place so that you don’t have to handle the costs of hurricane damages all on your own.
Let the dedicated bad faith insurance claim attorneys of Millin & Millin provide you some tips that can help to minimize any storm damages while also giving you insight into additional insurance policies you may need to purchase.
Before a hurricane or tropical storm hit, you’ll want to take the proper steps to protect your home and property.
a. Inspect your roof for any damages such as leaks, loose or missing shingles, cracks, or other signs of roof damage that could become a major issue should a hurricane strike. Get it fixed as soon as possible.
b. Double check that your windows and doors are properly sealed with caulking.
c. Check your home’s gutters and drains for any damages that can lead to water leaking into your home.
d. Clean up your yard including trimming loose branches and placing loose objects into a storage room or home.
If a storm is definitely going to hit the region, you’ll want to protect your windows by using plywood or having storm shutters installed if possible.
Alongside physically preparing your home for a storm, you’ll want to make sure you have the right insurance coverage.
Many homeowners do not know exactly what their insurance covers and this can lead to a world of financial trouble if they aren’t careful.
Generally speaking, home insurance policies typically do not cover flooding and certain other damages that can occur if you live in an area prone to hurricanes, tropical depressions, or floodings. To ensure you are fully protected, start investigating as to whether or not you will need:
While we hope that our region will be able to avoid any major storms this hurricane season, we also want to ensure that the people of the Rio Grande Valley are fully prepared. Should your home suffer severe damage caused by a storm and you cannot secure the coverage to you, do NOT hesitate to contact the experienced insurance claim attorneys of Millin & Millin.
Whenever you sign up for insurance, either life, home, or auto, you do so under the belief that you will be protected should you or your property suffer some sort of damage. Insurance companies claim that they have all the resources and knowledge needed to help you successfully settle your claim - and that you won’t have to worry about a thing.
While they know how to sell to the consumer, do they actually know how to take care of them? The answer might be a bit startling.
The American Association for Justice (AAJ) did extensive research to compile a list of “The Ten Worst Insurance Companies.”
The organization dug through thousands of court documents (including those from the SEC and FBI), investigations, complaints, news pieces and testimonials from former agents and adjusters. The organization wanted to uncover which agencies were most prone to acting in bad faith. This refers to an intentional dishonest act by not fulfilling legal or contractual obligations, misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others.
The organization found the following 10 companies were the worse culprits of conducting bad faith insurance.
There is a sense of irony when Allstate’s motto is “You’re in Good Hands” and end up being the worst offender. Based on the claims by the AAJ, the reason Allstate was at the top of their list was because of the company’s focus on increasing profits for shareholders rather than actually focusing on delivering quality customer care.
The company utilized deceitful tactics to essentially “lowball” their customers into taking minimal settlements. If the customers did not comply, the insurance would deny the claim.
The others are equally guilty as charged. The reports found that they all play by their own rules, meaning they’ll do whatever they can in order to save the company money while increasing profits. These insurance companies sadly put profits over the policyholders, and because of this, the insurance industry makes $30 billion a year in profits, on top of the $1 trillion they obtain off premiums.
Luckily, if you have experienced bad faith by your insurance, there is hope.
If you need a bad faith lawyer that can defend your rights and help you secure the recovery you so rightfully deserve, then contact the insurance claim attorneys of Millin & Millin. We have the skill, knowledge, and compassion necessary to achieve a favorable outcome you.
Hurricane season just started (June 1st) and residents all across the McAllen metro area and Greater Rio Grande Valley should begin preparing for these potential storms. While the 2017 Atlantic hurricane season forecast has predicted a lower number of storms than historical averages, it is still always in the best interest of homeowners to take the necessary precautions and steps to ensure that they are protected.According to NOAA’s Hurricane Research Division statistics, the U.S. averages one to two hurricane landfalls each year. While these odds may seem to work in your favor, a hurricane, or even tropical storm for that matter, can prove to be a devastating event both emotionally and financially.
At the bad faith insurance law offices of Millin & Millin in McAllen, Texas we believe that the best way to avoid a bad faith insurance claim is to recognize what your rights are and what your insurance does and does not cover. In order to be fully prepared for a disaster, there are a number of elements to consider.
The most important step you can take to ensure that your home is effectively covered is to carefully read through and understand what your policy covers. While this is a simple action, it is often the most neglected.
Understandably, insurance policies are full of technical jargon that can be difficult to understand for those unfamiliar with the language. But, unfortunately, your insurer will not accept this as an excuse. Contact a legal expert with experience in insurance law to help you better understand your coverage. You don’t want a disaster to strike only to find out you weren’t covered.
One of the most damaging effects of a hurricane or tropical storm is flood damage. Flood water can damage your property, uproot trees, and destroy your house’s interior.
Flood insurance is generally a separate policy that needs to be purchased alongside your traditional coverage. It should be noted, however, that there is a generally a waiting period (30 days) before the policy kicks in.
Waiting until the last moment before a hurricane reaches landfall to purchase this additional insurance rider can mean you will still be responsible for damages caused by flooding.
A best practice, you should take a thorough inventory of everything you own and consider whether you have the appropriate coverage in case of the loss of those items. This can help you to identify the value of the items and any potential gaps in your policy.
You should also take pictures of your valuables, and if feasible, record with video. In fact, “touring” your home and video recording it in its current condition - even if the potential for natural disaster is minimal - is a great strategy to stop bad faith insurance.
An unreasonable deductible can leave you high and dry.
Insurers in coastal areas generally offer separate deductibles for hurricanes and windstorms. Depending on the circumstances of the storm and the various scenarios that can get played out, a high deductible can leave you paying thousands of dollars before the insurance even kicks in.
Have you begun saving for this amount? Or does it make more sense to increase your premium and coverage to lower your deductible?
Aside from insurance considerations, you should also take some real world actions in order to limit the amount of damage that can occur to your property and home. Some of the most important steps you can take to protecting your house include:
Hurricane damage can be varied and affect your home and property in a number of ways. Recognizing where there is a high probability of damage can help you to take the proper steps to securing and protecting your house. The following types of damage are frequently caused by hurricanes:
If you, unfortunately, have to deal with the results of a hurricane, there are a number of steps that you can take after a hurricane to ensure that your insurance claim is properly handled.
While you should NOT commence fixing the damage yourself, you SHOULD take the reasonable steps necessary to stop further damage to your property. This can include covering up areas where water is leaking in or removing debris from broken windows. Insurers will use anything they can against you to deny a claim and might argue that you caused some of the damage if you do not properly take care of the limiting the situation.
After a major hurricane, insurance companies are bombarded with calls and claims, and often set deadlines on claimants. Don’t wait to make a claim. This also ensures damage is adequately taken care of in a reasonable amount of time rather than allowing it to continue growing.
Staying informed and documenting all interactions with your insurance company can help to protect you in the case of bad faith tactics or a claims denial.
Also, just as you should take images of your property and valuables before an event, you should also capture images of the damage after the catastrophe has taken place. These detailed shots (and video when possible) are the perfect evidence to show your insurer.
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 bad faith insurance legal team of Millin & Millin to get you the justice you deserve when seeking your rightful compensation after a natural disaster like a hurricane.
Contact ustoday at (956) 631-5600 to get the legal representation you need. Millin & Millin serves the greater McAllen metro area and the whole Rio Grande Valley.
Fitch Ratings, one of the three largest credit rating agencies in the United States, has speculated about the new presidential administration and what that means for the insurance industry.
While Fitch did not expect any policy initiatives to be directly focused on the non-health insurance industry, extensive changes to the financial industry would ease regulations for the larger U.S. insurance corporations.
Though Fitch did stipulate that a new presidency would not have an immediate impact on the insurance industry, as well as the fact that insurance agencies are generally regulated by in-state laws, the macroeconomic trends that could emerge from a change in economic policies could have a critical impact on profits, premium growth, and investment performance.
With financial deregulation a major standing point during his election campaign, and an economic strategy likely to be backed by the majority Republican Congress, changes to the current system will undoubtedly have multiple implications for insurers. The repeal of the Dodd-Frank Act, which was a massive financial reform legislation passed in 2010 as a response to the financial crisis and to develop oversight of the American banking system, could greatly reduce regulatory standards.
Three of the largest insurers - Prudent, AIG, and MetLife - were all designated as systemically important bank and non-bank financial institutions (SIFIs) in 2014 and faced higher standards.
Fitch analysts expect a Trump administration to begin reining-in these designations following changes in the Financial Stability Oversight Council (FSOC) leadership or through changes to the Dodd-Frank Act itself.
The Federal Insurance Office, which was developed under Dodd-Frank, may see its role diminished or modified under the new president, and this could also reduce the nation’s participation in international insurance regulatory activities.
Consumer protection would likely be affected by deregulation and tax code changes. Some life insurance products benefit from tax sheltering and offshore business; if corporate tax rates are lowered or tax rules simplified, the relative value of these products will likely change as well.
Alongside potential regulatory and tax shifts, insurers will also have to consider recently-approved Department of Labor rules that affect investment portfolios, and macroeconomic changes.
Fitch noted that future trends involving increases in interest rates and limited inflation could be positive for insurers, but sharp spikes in either of these could also be disruptive to profitability and growth across all insurance sectors.
While it will likely be some months before the new administration is able to implement changes and those changes begin to take effect, it’s still important for the general public to be aware that industry deregulations may leave a significant mark on their insurance policies and the manner in which their insurers work with them.
While new governmental administrations and presidents can always be a cause of concern, it’s important for consumers to know that still does not give insurers the right to act in bad faith.
Unfortunately, large insurance companies are business, and thus are ultimately concerned with increasing profits and lowering overhead. This also means that the general public can fall victim to their bad faith tactics and business techniques.
Don’t allow your insurance company to take advantage of you. The attorneys of Millin & Millin are here to help protect your rights and fight for your due justice. Contact us today at (956) 631-5600 for a free case evaluations.
Winter is here in the Rio Grande Valley, and while we might not get as cold as the rest of the state, there is still the occasional cold front that sweeps through the area. These cold spells can bring with them chilly temperatures, rain, and heavy winds.
An accidental fire or roof damage caused by winter weather can mean having to file an insurance claim. But unfortunately, insurance companies may try to deny, delay, or underpay your winter damage claim by placing fault on you.
If you’re having issues with your insurer over a winter damage claim, then contact the law offices of Millin & Millin, your bad faith insurance lawyers. We have the experience and know-how to get you the resolution your situation deserves.
Also, consider the following winter damage claims that are frequently denied and how you can avoid them.
While the McAllen metro area doesn’t necessarily experience the same bitter winters as northern Texas, the few cold snaps that move through the area sends residents towards their space heaters and other heating equipment. According to a study conducted by the National Fire Protection Association:
Insurance companies will try to avoid paying your fire claim by investigating if the fire was an act of arson. If the fire department is unable to identify the source or reason of the fire, any inconsistencies in your story and personal property listing can cause some major issues.
One strategy to inhibit a heating equipment fire is to keep any combustible items, such as clothing or furniture, at least 3 feet away from the heating source. Also, be sure to check equipment prior to use, as any loose connections or wiring can easily lead to a fire. Lastly, make sure to have smoke alarms working properly throughout your home for an adequate early warning system.
The winter weather of the Rio Grande Valley won’t bring any snow, but it can bring rain and roof damage. A collapsed roof or damage caused by rain should be covered in your home insurance policy, but contract language can make it difficult for policyholders to protect themselves, and insurers will use this tactic to avoid paying out on a roof damage claim.
Prior to any damage happening, you might just want to conduct an outdoor inspection, so that you can repel any arguments by your insurer that you hadn’t take the right steps to prevent or minimize damage. Check for missing, cracked, or creased shingles and also check your home’s flashing. If your home has rain gutters, then inspect them also, as rusted gutters with leaking seams can allow water into your house.
Should you still fall victim to roof damage caused by winter rains, then take the following steps to ensure an effective insurance claim is made:
If your insurance company avoids paying you out, and it doesn’t seem fair, it probably isn’t.
While freezing temperatures in the McAllen area are rare, they do occur nonetheless, and if you aren’t prepared, a busted pipe can lead to some major water damage. While water damage caused by a leaking pipe is typically covered by your insurance company, they may try to place the blame on you by declaring that you failed to properly winterize your pipes, thus avoiding their responsibility to you.
Because water expands when it freezes, this expansion puts tremendous pressure on water pipes, and can cause them to break. Outdoor hose bibs, swimming pool supply lines, water sprinkler lines, pipes that run along the exterior walls, and water supply pipes in unheated interior areas are subject to freezing.
One of the most basic tips you can follow when the weather is very cold outside is to let cold-water drip from the faucets served by exposed pipes. Even a trickle of running water will help prevent pipes from freezing. Also, on freezing nights, keep kitchen and bathroom cabinet doors open to allow warm air to circulate around the plumbing.
Remember that if your policy is unclear about water damage, you have the ability to fight a denied or underpaid claim.
If you’ve done everything in your power to protect your home this season, but you’re still having to deal with the bad faith tactics of your insurance company, do not hesitate to contact Millin & Millin, PLLC.
Our comprehensive knowledge means we have the ability to represent clients in difficult cases that involve bad faith insurance. Individuals and businesses can rely on our professionalism and skills to guide them through the most complex legal matters.
Don’t let your insurance company scare you with their tactics. Fight their denial today by calling (956) 631-5600.
