A Tampa insurance disputes lawyer can help protect your rights when an insurance company fails to uphold the promises outlined in your policy. In Tampa, insurers are required to honor the contractual responsibilities they make to their policyholders. Your policy is, at its core, a contract. If your insurance company breaches that contract, you may be entitled to compensation and should contact an experienced attorney immediately.
Depending on the specifics of your case, the insurer may even be acting in “bad faith.” In these situations, you could recover damages beyond your policy limits, and the insurance company may be required to pay your attorney’s fees and court costs.
What Are Tampa Insurance Disputes?
For more than 35 years, the Tampa insurance disputes lawyers at Hancock Injury Attorneys have successfully represented clients just like you who have been in insurance disputes in a variety of ways, including:
- Auto insurance companies fail to provide clients’ waiver of uninsured motorist coverage, as required by statute, thereby allowing our clients a recovery they otherwise did not know was available to them
- Insurance companies are refusing to pay or reimburse an expense that was covered under the insurance policy
- Subjecting a policyholder to unreasonable and extreme measures in order to process a claim
- Refusing to settle a claim made against one of the insurance company’s other policyholders
- Failing to settle a claim within the Defendant’s policy limits, thereby subjecting the policyholder to personal liability
- Insurance claim disputes where your treating doctor is now seeking full payment from you
Unfair Claims Handling
The Florida Code of Ethics for Insurance Adjusters requires, among other things, that an adjuster handle every adjustment and settlement with honesty and integrity and never approach investigations, adjustments, and settlements in a manner prejudicial to the insured.
Further, adjusters are prohibited from dealing with a claimant known to be represented by an attorney, from unduly influencing witnesses, from advising a claimant not to seek legal advice, and from knowingly failing to advise a claimant of his rights under the insurance contract and laws of Florida.
Examples of unfair claim settlement practices by insurance adjusters prohibited by Florida statutes include the following:
- Failing to adopt and implement standards for the proper investigation of claims
- Misrepresenting pertinent facts or insurance policy provisions relating to the coverage at issue
- Failing to acknowledge and act promptly upon communications with respect to claims
- Denying claims without conducting reasonable investigations based upon available information
- Failing to affirm or deny full or partial coverage of claims, and, as to partial coverage, the dollar amount or extent of coverage, or failing to provide a written statement that the claim is being investigated, upon the written request of the insured within 30 days
- Failing to promptly provide a reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for the denial of a claim
- Failing to pay personal injury protection (PIP) insurance claims within the time periods required by statute
5 Tricks Insurance Companies Use After a Car Accident to Not Pay You What You Deserve
Knowing the adjuster’s job, you now know why he or she wants to speak with you. That adjuster wants to take control of your case by having you make statements or admissions that operate against your own interests. Those statements or admissions will then be used against you in the future. Here are some common strategies that insurance adjusters employ to get claimants to devalue their own cases:
Acting Like The “Good Guy”
The adjuster might act like a nice guy who is your friend. They want you to relax and feel comfortable talking about your accident and injuries. They are trained to be “nice” because insurance companies know that they can get more information out of you by showing sympathy and courtesy. Your words will then be twisted, distorted, and used against you. Even a friendly response such as, “I’m fine, Mrs. Smith, how are you?” can appear in a written report as “Victim says she is feeling fine.”
Getting a Recorded Statement
Adjusters commonly ask accident victims to provide a recorded statement “just for purposes of confirming that our insured person was at fault.” The adjuster already knows that the insured person was at fault. He or she already has a statement from their insured person and a copy of the detailed police report.
Never give an opposing insurance adjuster any type of written or oral statement without consulting a personal injury attorney first. Florida law doesn’t require you to give one, and it’s the intent of that adjuster to use your own words against you in the future. Your credibility will be attacked, and it might even be implied that you’re malingering. Rather than taking the risk of hurting your case, arrange for a free confidential consultation and case review with a Tampa insurance disputes lawyer from our offices.
Getting a Medical Authorization
You can also expect to receive a medical authorization from the insurance company to sign and return, and it will seem like you are required to. Don’t sign it, and don’t return it. Just keep it in your file. The adjuster is looking for a prior injury to the same part of your body that your symptoms can be blamed on, even if the injury occurred 15 years ago.
Saying You Don’t Need a Tampa Insurance Disputes Lawyer
Many adjusters tell personal injury claimants that they “don’t need an attorney for this.” In some cases, you don’t, but you might not have enough experience to navigate the complex legal process successfully on your own. Selecting the right Tampa insurance disputes lawyer to represent you can drastically increase any sums that you might receive in a settlement or award. When we think that someone will recover more by not hiring us, we tell them so, but we also give you the advice you need, for free, to handle it.
Arguing You Did Not Receive Enough Medical Treatment, Or Received Too Much
Insurance adjusters might try to argue that whatever medical treatment you have received is too much or too little. It’s a double-edged sword. Either they try to say you are not that hurt and you are faking your injuries and getting too much treatment, or they say, well, “you say you are hurt,” but your medical records don’t show that you are getting adequate treatment, following your doctor’s recommended treatment. So what do you do? Follow your doctor’s recommendations, get the medical care you feel you need, and consult with your Tampa insurance disputes lawyer about your treatment.
Insurance Disputes FAQs
Question: Why won’t the insurance adjuster just pay me? Why is making an insurance claim so difficult?
No matter how sympathetic they may seem, adjusters who work for insurance companies have only one goal in mind when they offer to settle your case. It is their job to settle your insurance claim by paying you the least amount of money possible.
Insurance companies are businesses. The goal of insurance companies is to take your premiums/money in, not to pay claims/money out.
Also, by delaying claims or otherwise creating an insurance claim dispute, insurance companies are able to hold on to money a little longer, money that is invested somewhere, earning them money.
Question: If I think that an insurance adjuster is acting in bad faith, what can I do?
Document, document, document! Create a file folder for your insurance claim. You will have a lot of documents and notes by the time the claim is completed, so it is important to stay organized and have a place to put things.
Such evidence might also be necessary to prove your case in court. Whenever you are speaking on the phone with any adjuster, write down his/her name, address, phone number, date of the conversation, and generally what you are told.
Follow up your phone conversation with a letter, e-mail message, or fax to the adjuster, setting out your understanding of the phone conversation. Keep a copy for yourself.
If you feel it is very important, consider sending your letter by registered mail, return receipt requested. If documents are requested from you, make sure you keep your originals, send only a copy, and include a dated cover letter to the adjuster setting out a list of those documents or things that you are providing. Of course, keep a copy of this cover letter also. Adjusters create a claim file; you should also do the same for yourself.
Get Help From Experienced Insurance Attorneys
The insurance companies will do everything they can to keep you from getting a fair settlement. Because of this, it is essential that you work with an attorney who knows this type of case. Before founding Hancock Injury Attorneys, Mike Hancock worked for insurance companies, so he knows their methods. To get started on your case, contact a Tampa insurance disputes lawyer at Hancock Injury Attorneys by calling today at 813-915-1110.