Tag Archives: legal action

What if Your Insurer Won’t Pay?

Disclaimer: If you have problems with insurance payouts, the following information only works as general guidance as to the legal process. It does not, however, function as actual legal advice about the matter. To further understand the legal aspect of insurance payouts, it’s best that you approach a licensed attorney who has experience in insurance claims lawsuits similar to yours.

When you’ve been in an accident, the next big thing to do is to file your insurance claims with your insurance company. In fact, you’re somehow relieved because you are hoping that you’ll be paid for all your financial losses as a result of the accident. You’ve submitted your claim on time — only to find out that you’re having a difficult time getting your insurance claims paid by your insurer. You’re now behind on your bills and don’t want to ruin your credit score or, worse, need to file for bankruptcy. So, here are the things to do legally if you’re having problems with your insurance company paying out.

Reasons Why You’re Having Trouble Getting Your Insurance Claims

It’s difficult to think that your insurance company can deny your claim or decline to pay the amount you’re expecting for. Below are some of the reasons why your insurance provider can refuse or does not pay the whole amount you’re asking for:

  • Check if you’ve stated the facts in your documentation properly. Remember, insurance companies may conduct their own investigation on your application, so it’s best that you provide them with documents that are valid and up to date.
  • Make sure you follow the right processes in terms of filing your claims. If you’ve skipped a step or missed a requirement, you may end up going back to square one.
  • It’s important to see if you’re up to date with your payments for your insurance. Sometimes, insurance companies disregard applications for claims because applicants have failed to complete their payments.

See also: Distribution: About To Get Personal  

Things to Do Legally When You Have Problems With Your Insurer Paying Out

These are the things to do legally when you have problems with your insurer paying out:

1. Know What Insurance Claims Your Policy Covers

  • Make sure that what you’re asking for applies to your active and existing insurance policy.
  • Ensure that your insurance claims are not included in the exclusion clause of your policy

2. Keep All Your Communications and Documents Intact

  • Note the procedures you have to go through to file an insurance claim. If you can get information as to how long a particular process can take and if there are specific deadlines, do so to get a general idea on the timetable of your claim.
  • Remember that keeping documents can save you from any accusations your insurance company may throw at you.
  • Note the requirements and other documentation you need to comply with. If you have these documents, make sure you have copies and don’t lose the original versions. These can be useful if ever you have to present these to experts, or if you have to take your claim to the court.

When you’re beginning to experience problems with your insurance applications, take a deep breath and try to be more persistent regarding your follow-ups and inquiries. If you think you need to learn more about your particular issue, you may want to consider hiring an experienced lawyer.

3. Get a State Insurance Regulator or a Lawyer: When problems arise with your insurance provider, it’s essential that you settle the dispute among yourselves in a calm and patient manner. However, if you still end up having difficulties, you may ask the assistance of a state insurance regulator or a lawyer.

  • When hiring a state insurance regulator or a lawyer, note their particular specialization and make sure they’re appropriate for the kind of issue you’re tackling. Try to inquire if they are aware of certain policies in your state, as some laws vary depending on where you reside.
  • If you get a state insurance regulator or a lawyer, use this opportunity to get to learn everything you can about your particular issue, to avoid encountering the same problems in the future.

4. File a Lawsuit: Your last remedy could be the filing of a lawsuit. The things to keep in mind are:

  • Hire a licensed lawyer who has experience in insurance lawsuits.
  • Prepare for the deposition (under oath) and trial, where you have to present documentation to validate your claim.
  • Wait for the final judgment – The jury will resolve the case in one party’s favor. If the result does not favor your side, speak to your lawyer for a possible appeal. Remember, just because the decision doesn’t favor your side, it doesn’t mean it’s too late for your insurance payment.

See also: ‘It’s Life, Jim, but Not as We Know It’  

If you feel that your legal rights have been violated by your insurer, don’t hesitate to practice your rights under the law. Check your state laws and initiate the appropriate course of action.

A Holistic Approach to ID Protection

The devastation resulting from identity theft correlates with the fact that it infiltrates every part of a victim’s life: robbing them of time, privacy and money; possibly requiring both legal and financial action; and affecting victims mentally, physically and emotionally. When someone becomes a victim, so many facets take the toll that victims need a holistic approach to ID protection – one that readily addresses all of those facets so victims can recover from their losses, regain their reputation and rest assured with protection against future attacks.

What does legal assistance have to do with a holistic approach to identity protection?

A victim’s need for legal assistance comes into play, for example, when debt collectors harass the victim about a fraudulent debt, a bank or creditor refuses to acknowledge an account as fraudulent, criminal activities surface because of a thief’s actions or criminal activities are attributed to a victim’s records or when the victim wants to take a fraudster to court. These kinds of legal issues can make the victim’s recovery quite challenging, which is why a well-rounded protection plan should include legal assistance. Legal assistance could be providing referrals for trustworthy attorneys who know how to handle identity theft cases, and who work within reasonable distance of the victim’s location.

How can an identity theft protection plan address financial issues?

Monitoring members’ information and catching thieves in the act will help limit the damage done, but, for people who do find themselves victim to identity theft, an important part of recovery is adjusting to a new financial situation.

Financial repercussions of identity theft may involve fraudsters draining the victim’s bank accounts or racking up debt in the victim’s name, and, on top of that, victims usually spend thousands of dollars trying to get the money back and clear their name with debt collectors. Those are major financial setbacks for any budget.

A holistic approach takes into account the need for financial counseling. Victims will need access to financial professionals, like Accredited Financial Counselors, who can assist them with getting back on track financially. Financial counselors could help them assess and work on things like…

  • Adjusting budget to any financial losses
  • Allocating money to restoration needs (e.g. money to pay an attorney)
  • Restoring bank accounts
  • Rebuilding credit

How can a protection plan mitigate health issues?

A holistic approach recognizes the health consequences of being a victim and provides assistance to mitigate the issues.

More than one-third (36%) of victims said the identity theft incident caused them moderate to severe emotional distress. Why? Dealing with the evidence of fraud requires research, phone calls, dispute letters and claim forms, police reports, money and a lot of time. The to-do list can get overwhelming pretty quickly.

If victims have a fraud resolution specialist at their side, they have access to professional guidance from someone they can trust to provide the correct materials and next steps for reestablishing safety and privacy.

Getting assistance can alleviate some of the stress involved because members know they’re not alone, and they’re getting confirmation about what to do next. Top-of-the-line assistance would also include specialists who can actually take on some of the tasks that a victim must complete for resolution.

Dealing with identity theft is difficult, which causes a ripple effect of stress infiltrating other areas of life. When victims must race against the clock to repair the damage, they’re worried about the financial losses and stressing over how they’re going to make sure the problem doesn’t happen again.

How is education involved in a holistic approach to identity theft protection?

A checklist of features should also include education, so members can make smarter decisions with the day-to-day activities that may affect their risk of becoming a victim. Resources could include tips, newsletters, articles and webinars with helpful information like…

  • Understanding what is on a credit report, what’s problematic and how to resolve each matter – whether it’s an error or theft-related
  • How to file and dispose of paperwork with sensitive information
  • Extra precautions to take and questions to ask when creating an account or applying for a new credit card
  • Recent data breaches and who’s at risk
  • What’s the latest and greatest security software for consumers

A holistic approach includes some sort of education because it helps people protect themselves against future identity theft attacks.

People need a plan that takes a holistic approach to identity theft protection, covering every part of prevention and restoration. They need a plan that addresses fraud in a timely matter to prevent heightened stress, with features like monitoring and alerts for any suspicious activity, quick assistance for anyone who becomes a victim, financial counseling and legal assistance.