Can I Contest My Insurance Decision?
When you file a claim, you must put a certain amount of trust in your insurance company to handle your claim fairly. After all, the insurer has money and resources that you don't. If you feel that your insurer's settlement is inappropriate, you don't have to accept it as the final word. Follow some steps to contest the decision and you might change the outcome.
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Get a Written Explanation
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Regardless of the type of insurance policy you're working with, and regardless of the decision your insurer makes, you should receive a written explanation of the decision. If your claim is denied, make sure you receive an explanation that details the specific policy language that allows the denial. If you receive an inadequate settlement, get a summary of payment -- either an estimate of repairs or a breakdown of medical charges. You can best decide how to proceed when you fully understand your insurer's rationale.
Know Your Policy
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If you know the contents of your insurance policy before you file your claim, you may avoid problems from the beginning by knowing what it covers and what it does not. For example, if your policy allows your insurer to use aftermarket or recycled auto parts to repair your car, don't expect new factory parts. After you receive the written explanation for your insurer's decision, thoroughly read your policy to see if the decision is valid, or if you can make a counter-argument that the policy supports.
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Gather Evidence
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If you feel you can make a counter-argument or can support a different settlement amount, gather any documents or other supporting evidence to lend to your argument's credibility. This could include medical bills, repair estimates, lost wage statements or even state law documents. Submit these documents to your adjuster and, if necessary, to his supervisor for review. Confirm by phone that he received these documents, and follow-up every few days until he reviews them.
Outside Help
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If your direct negotiations fail, you may need outside assistance to resolve your dispute. You can hire an attorney, but doing so will likely remove you from the negotiation process, since insurers typically talk only to the attorney once she is involved. Contact your state's department of insurance. This government entity oversees the insurance industry in your state and can investigate, and sometimes mediate, consumer disputes. However, be sure you have a valid argument to make. If your insurer validly denied your claim or has firm legal reasons for the settlement it gave you, you may not be able to reverse its decision.
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References
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