Insurance Attorney in Charlotte

When you enter into a contract with an insurance company, you expect them to act in good faith. You choose to enter into such a contract because you want someone to protect you when the unexpected happens.

For instance, no one goes driving expecting to be injured or potentially killed in a car accident. But we all know that life can be unpredictable sometimes, and some accidents happen without warning.

The injuries aside, these accidents could ruin you financially. In fact, without insurance, most people are an accident or illness away from bankruptcy. That is the whole point of purchasing an insurance policy; to protect yourself in the event the unexpected happens. Sadly, the insurance company's reaction is usually the most unexpected thing in such situations.

If the insurance provider denies your claim without facts, they may have acted out of bad faith. In this case, bad faith insurance refers to a situation where an insurance provider violates the “implied agreement of good faith and fair dealing” with the insured.

When that happens, Morgan and Morgan insurance claim lawyers might be able to help.

The first thing Morgan and Morgan insurance claim lawyers can help with is to review your insurance contract. This step helps establish whether the insurance company violated the terms of the agreement with you.

It should be noted that insurance providers usually use complex languages in their agreements with their clients, hoping that the latter will not understand what the coverage is all about. But when discussing the coverage with you before signing the contract, the insurance agent will probably not go into the details.

Rather, they will explain just what you need to know to sign up for the policy. As mentioned before, insurance companies are in business—the more clients they have, the more money they make.

A single clause in your insurance contract could be enough to jeopardize your claim. For this reason, you want to ensure that you are within your rights to file a claim for that particular injury or incident. An experienced attorney will review your contract with the insurer in detail to determine whether you are covered.

Secondly, bear in mind that insurance companies make millions of dollars every year. For this reason, they can afford some of the best defense attorneys to help them fight these claims. This can be intimidating, especially when you do not have an attorney on your side. Insurance companies know it is expensive to pursue such claims without an attorney. They also know your chances of winning without a lawyer are almost nil.

However, when you have an attorney, especially from a reputable personal injury law firm like Morgan and Morgan, the insurer will likely not want to play games. Specifically, they will not want to underestimate your claim like they would if you did not have an attorney. This is because insurance attorneys know the different tactics insurance companies use to deny valid claims. They also understand insurance laws in North Carolina and how they apply in your specific situation.

Thirdly, having an insurance attorney gives you peace of mind knowing that someone who actually cares for you is fighting for your rights. To put things into perspective, let's discuss the role of an insurance claims adjuster.

When you file an insurance claim, whether with your own insurance provider (such as a homeowners insurance company) or the other party's insurer, they will likely send a claims adjuster to evaluate the damages.

These individuals usually sound friendly on the phone and even in person. They will act like they care about you and want to ensure you receive the compensation you need and deserve after the accident. But, most importantly, they will act like whatever they are doing is just protocol.

After all, everyone witnessed the accident. Everyone knows that it is not your fault. Additionally, you are sure you are eligible for coverage per your policy or the other party's insurance.

But most people do not realize that insurance claims adjusters protect the insurer's interests. In these cases, the insurer only cares about profits. They make money by denying claims and accepting premiums. That is how insurance works. It is business like any other.

Insurance companies also use computer software and algorithms to calculate the value of most of these claims. However, this software will not capture the true extent of your injuries. For example, they may not account for your pain and suffering, which is legitimate damage.

That is where an experienced insurance claim attorney comes in. You can rest assured that they are here to fight for you, not against you. Their role is to ensure you receive the compensation you need and deserve.

Understandably, you may not know whether your insurance company is acting out of bad faith, especially when you do not seek legal advice. This is because insurance claims are not the kind of claims you file daily. Insurance knows that you probably cannot tell whether they are acting out of bad faith. For this reason, they might take advantage and deny you a legitimate claim.

That said, here are some common signs that the insurer is acting out of bad faith:

Unreasonable Delays

In most cases, when you file an insurance claim in North Carolina, the insurance company has up to 15 days to respond to the claim. Similarly, they have 45 days to process the payment. So if the insurance provider takes longer than the law requires, they are probably acting out of bad faith.

Sometimes, insurance companies might delay your claim, hoping you will agree to settle for less than what you deserve. This is because the more you delay your claim, the more your bills pile. As a result, you might end up settling for a lowball offer just to get some form of compensation to get you out of debt.

Lack of Proper Investigation

Insurance providers are required to investigate your claim. They cannot just deny your claim without investigating it. Doing so could be a sign of bad faith.

Cutting Off Communication

Are you wondering why the insurance company no longer responds to your calls or messages? This can be heartbreaking, especially when dealing with your own insurance provider. But, make no mistake; these companies are good at communication.

And if you want to prove this, try skipping a payment. They will call you as often as possible to recover what you owe. Some will even threaten to end your coverage and pursue other alternatives to recover their money.

But when the tables turn, some insurance companies completely ignore their clients who have legitimate claims. This is usually a sign of bad faith, punishable under North Carolina insurance laws.

Threatening the Claimant

Whether it is your own insurance provider or the other party's, you expect them to treat you with respect. You do not expect an insurance company to threaten you when you file a claim, even if the claim is invalid. The best they can do is prove that the claim is not valid.

If the insurance company threatens you, hoping you will back off the claim, this could violate North Carolina insurance laws. As a result, they may be punished by a civil court for their actions.

Denying Claims Without an Explanation

Insurance companies cannot deny claims randomly without an explanation. They do not get to choose who they compensate and who they do not. If your claim is not valid, they must explain the reason for denial. Failure to do so could land them in legal trouble if you have a skilled attorney representing you.

Sometimes, insurance companies might be within their rights to deny a claim. Here are some common reasons for insurance claims denials you need to know.

You Were at Fault for the Accident

The insurance provider might deny your claim if you were at fault for the accident. For example, if you set your own house on fire, your homeowners' insurance will not cover any damages caused by the fire.

Here is one important thing you need to know about insurance laws in North Carolina:

North Carolina follows the "pure contributory” negligence insurance law. This means that you cannot recover any damages from the other party's insurance provider if you played a role in the accident. For instance, say you got injured in a car accident and were 1% at fault and the other party 99%. In that case, you cannot recover damages because you partially contributed to the accident.

Unfortunately, insurance companies use this law to their advantage. All they have to do is prove that you somehow contributed to the accident, effectively preventing you from recovering damages.

You Failed to Seek Medical Attention

Failure to seek medical attention is one of the most common mistakes people make before filing an insurance claim. When filing a claim for your injuries, the insurance company will not compensate you simply because you got injured. Instead, you must demonstrate the severity of your injuries, and the best way to do that is by seeking medical attention.

The timing also matters when it comes to seeking medical attention. The insurer will likely dispute your claim if you take too long to visit a doctor. Although certain injuries usually take time to show their symptoms, it is always advisable to seek medical attention even if you do not feel any pain or discomfort after an accident.

The Claim Exceeds Your Coverage

Most insurance policies have a coverage limit. For example, in North Carolina, drivers must have at least $30,000 worth of coverage for bodily injuries (one person), $60,000 for two or more people, and at least $25,000 for property damage. So if your claim exceeds these limits, chances are the insurance provider will deny it.

Liability Disputes

The insurance company can also dispute a claim if they believe their insured is not responsible for the accident. This usually happens in accidents that involve several insured individuals. The insurance provider might want to shift blame to the other party's insurer.

If you believe you are being treated unfairly by an insurance company and have a legitimate claim, Morgan and Morgan NC insurance claim lawyers can help fight for you. When you contact us for a free case evaluation, we will review the specifics of your case to determine whether the insurance company is acting out of bad faith. If they are, we might be able to hold them accountable for their actions, ensuring you receive the kind of compensation you are entitled to.