02/05/2022
When To Hire A Lawyer For An Insurance Claim
By the time Andrew November heard the sound of rushing water in his Cleveland home, his house was already soaked and heavily damaged.
“The sink flooded in our master bathroom on the top floor of our house,” he says. “That caused the extensive damage due to vertical flooding.”
But his problems were just beginning. Next came weeks of dealing with an unsympathetic claims adjuster from out of state and getting only half of his insurance claim approved for flood damage. Did he need to hire a lawyer for his denied claim?
“We didn’t see eye to eye with the adjuster from the get-go,” he says. “With every statement about our loss, we were met with anecdotes from his 30 years of experience.”
His contractor prepared a comprehensive estimate, but six weeks later, the insurance company approved just half the amount.
“At this point, we were livid,” he says.
And that’s when he and his wife decided to lawyer up. Which was easy for November because he is a lawyer. November asked the insurance company to replace the adjuster, which it did. The new adjuster, a fellow Clevelander, understood the extent of the damage to November’s home and helped him get the full claim approved.
It’s not always that easy. November, who works for the Liner Legal law firm in Cleveland, happens to understand the ins and outs of insurance. Not everyone is so lucky. Roughly one in 50 insured homes have a property damage claim caused by water damage or freezing each year, according to the Insurance Information Institute. And about one in 20 insured homes has a claim each year.
When should you contact a lawyer? How do you even know if an attorney can help? Does hiring a lawyer increase your chances of success? And is it worth the money?
When to Contact a Lawyer About an Insurance Claim
Should you contact a lawyer to discuss your insurance claim? Small run-of-the-mill claims usually settle without trouble. But in cases where there’s more at stake—for both you and the insurance company—there may be a higher chance for dispute. This could include:
Claims where you and the insurance adjuster don’t agree early on
Expensive or complex claims
Large claims, such as house damage after a fire, extensive water problem or tornado
Claims where fault is hard to establish
If you have one of these claims, you’re more likely to need legal help. “If you believe you have an insurance claim, it is always better to contact a lawyer before you speak with any insurance representative,” says Allen Patatanyan, co-founder of West Coast Trial Lawyers in Los Angeles. “Consulting with a lawyer for a potential insurance claim should be free, so there is no downside in receiving some sound legal advice before you move forward.”
Speaking with an experienced lawyer before you contact your insurance company to make a claim can help you avoid hurting your case when you communicate with experienced insurance representatives when you open a claim, he adds.
“Remember this,” he adds. “Insurance companies are all about making money by finding reasons or excuses to deny your claim and avoid paying you insurance benefits. And this starts from your initial call to open a claim.”
Others say you should only turn to a lawyer if it’s a complicated claim with a high dollar value.
“If your claim is not a simple one and may involve interpretation of the policy, it is sometimes best to consult an attorney,” says Pamella Seay, who teaches justice studies at Florida Gulf Coast University. “Some attorneys may provide you with a review to give you some guidelines on what to do on your own, though most will not. If the amount is significant, engaging an attorney for a review and a letter may be reasonable. Otherwise, the cost of an attorney may be more than the claim itself.” (A lawyer letter is a demand letter sent by an attorney and a possible precursor to legal action.)
Even the insurance industry recommends a lawyer—to a certain point.
The Insurance Information Institute, an industry-funded trade group, issued a statement on how the claims process works. A troubleshooting tip on the list for difficult claims is “consult an attorney,” although it’s quick to add that the American Bar Association notes “many legal matters can be handled by consumers on their own, without a lawyer.”
Another good strategy for a large claim is hiring a public insurance adjuster. For example, after extensive home damage a public adjuster can work with you to get paperwork done, meet deadlines and advocate for you.
credits to:
https://www.forbes.com/advisor/homeowners-insurance/when-to-hire-lawyer/
photo: Getty
