Tips for Successfully Appealing Auto Insurance Settlement Decisions
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If you are ever involved in an automobile accident, the insurance company might offer an auto insurance settlement that you feel is unfair or does not adequately compensate you for your losses. While you might consider speaking to an attorney to address your concerns or appeal the settlement of the insurance company, there are a few things you can do on your own to try to get the insurance company to be more conciliatory and perhaps convince them to offer you more.
Determine What Is Fair
Before you get started with an insurance settlement appeal, you should sit down and carefully consider what you feel to be fair in terms of a settlement. Take notes and list reasons why you feel you are owed a specific amount for each type of expense you want to be compensated for. Be as thorough as possible when making your list and try to write down anything you can think of. Refer to this list often and update it as needed.
Your State Department of Insurance
Before you begin with your appeal, take a couple of hours and visit the website of your state’s Department of Insurance. Read everything you can about consumer insurance rights and the responsibilities of insurance companies in your state. State laws regarding insurance companies vary; therefore, become as familiar with the insurance laws in your state as you can—before you begin. Also, make sure that your particular areas of concern are legitimate grounds for an appeal or not.
Get Copies of Everything
Make copies of everything associated with the car accident and your car insurance policy (or the insurance policy of the other driver). Make copies of police reports, policy contracts, bills, notes from phone conversations, emails, letters and anything thing else to do with the insurance settlement. Never submit originals of anything to the insurance company—send copies only.
Keep a Phone Log
Always write down the time and date of calls to and from the insurance company. Also, make sure to take down the name of the adjuster or employee that you speak with. If the employees use employee ID numbers, be sure to get that as well. It is an even better idea to record the phone calls; however, make sure you are aware of the laws in your state regarding phone call recording, and always make sure to notify the other person that you are recording the call.
Write a Demand Letter
Carefully compose a letter that details your concerns and reasons that you believe that you are due a particular amount higher than the settlement offer of the insurance company. Be very specific with your reasoning and don’t be vague or unclear in your demands and reasons for them. Always mail the letter via Certified Mail, so that you will have proof mailing and receipt (just in case you need to file a lawsuit for relief).
Be Reasonable
Always be reasonable in your demands to the insurance company. Their offer may be too low, but your demands may be unreasonable as well. Always take the time to consider if there is an amount somewhere in the middle that might be fair to both sides—you and the insurance company.
If all else fails, seek the advice of an attorney. Also, don’t allow the insurance company to drag out negotiations for too long. All states have statutes of limitations for filing civil law suits, and if you wait too long—you may wind up getting nothing. In fact, if the insurance company will not make a reasonable offer reasonably quickly, you should see an attorney as soon as possible. The lawyer will know the best way to proceed with appealing the insurance company settlement.
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