Florida is one of the few states that does not have a law that requires insurers to offer arbitration as a way to settle insurance claim disputes. This means that consumers are often left fighting for their rights in court, a process that can be lengthy and expensive.
If you find yourself in a dispute with your insurance company, you’re not alone. Every year, consumers file tens of thousands of complaints against insurers. And while it’s always best to try to resolve the issue amicably, sometimes that simply isn’t possible.
In these cases, it’s important to know your rights and how to protect them. This guide will walk you through the process of filing a complaint against your insurer and what to expect from the legal process.
1. What to do if you have a dispute with your insurance company
If you have a dispute with your insurance company, the first step is to try to resolve the issue amicably. This means contacting your insurer and explaining the situation. It’s important to be calm and clear when you do this, as getting angry or emotional will not help your case. It is, however, best to seek the advice of a First Party Property Attorney before making that call as he/she may advise not to speak to the insurance company directly as the insurance company is skilled at knowing how to obtain information from you which could negatively impact on your case.
If you’re not able to resolve the dispute with your insurer, you can file a complaint with the Florida Department of Insurance. This department will investigate your complaint and try to mediate a resolution between you and your insurer. Again, it is best to seek the advice of a Insurance Attorney before reducing your thoughts to writing as he/she may advise against doing so as you could unwittingly provide information which could negatively impact your lawsuit.
If the Department of Insurance is unable to resolve the dispute, you have the option, after going through the Notice of Intent process for claims which arise after July 1, 2021, with the filing of a lawsuit against your insurance company.
2. How to file a claim against your insurance company?
If you decide to file a lawsuit against your insurance company, there are a few things you need to do. First, you’ll need to gather all of the relevant documents related to your case. This includes your policy to bills, invoices, estimates, reports, photographs, and correspondence with your insurer.
If you have not already done so, you will need to find a lawyer who is experienced in handling insurance disputes. This is important, as insurance law can be complex and confusing.
Once you have all of your documents and a lawyer on your side, you’ll need to file a complaint with the court. This will start the legal process and give you the opportunity to have your day in court.
3. What to expect from the legal process?
The legal process can be long and complicated, so it’s important to be prepared for it. You should expect to gather a lot of documents and evidence, sit for deposition, and consult with your attorney on strategic decisions.
It’s important to remember that the goal of the legal process is to get you justice, so don’t give up if it seems like the odds are against you. With determination and a good lawyer on your side, you can potentially win your case and get the compensation you deserve.
If you have any questions about the legal process, be sure to speak to your Insurance Disputes Lawyer. They will be able to advise you on what to expect and how to best protect your rights.
4. Tips for protecting your rights in an insurance dispute
There are a few things you can do to protect your rights in an insurance dispute. First, it’s important to keep all of your documents and records organized. This will make it easier for you to find everything you need to respond to discovery requests.
Second, don’t be afraid to speak to or hire a lawyer. They can give you advice on how to best handle your case and protect your rights. Most work on a contingency fee basis which generally means you do not owe them any attorneys’ fees unless they make a successful recovery on your behalf.
Finally, remember that you have the right to file a complaint or lawsuit against your insurance company if you feel like they’ve wronged you. Don’t let them take advantage of you – stand up for your rights and get the compensation you deserve. There is nothing worse than paying a premium for insurance and not obtaining the benefits under your policy simply because the insurance company doesn’t want to pay.
While the legal process can be long and complicated, remember that you have the right to file a complaint or lawsuit if you feel like your insurer has wronged you. With determination and a great lawyer on your side, you can potentially win your case and get the compensation you deserve.
If you need help with an insurance dispute, please contact with THE FARBER LAW FIRM. We handle these types of cases and can give you the advice and representation you need.