How do I Dispute an Insurance Claim Amount?

Have you sustained an injury in a car crash? If so, the at-fault driver’s car insurance company may have offered you a cash settlement. While you may be relieved about receiving a settlement, the amount of the settlement may not cover all of the costs and expenses you have incurred as a result of the crash.

When insurance companies offer a low settlement amount, injured drivers have several options. If the settlement offer made by the at-fault driver’s insurance company is too low, injured drivers and passengers have few options outside of filing a lawsuit and obtaining a judgment against the at-fault driver. The at-fault driver’s insurance company owes its own insured driver (the at-fault driver) two things: it must pay to defend the at-fault driver in any lawsuit, and if an injured driver or passenger obtains a judgment, the insurance company is obligated to pay the judgment.

Many times, insurance adjusters make promises to “take care” of injured drivers and passengers, and injured parties are later disappointed by low settlement offers. In reality, the insurance companies for at-fault drivers do not owe injured drivers or passengers anything unless and until the injured drivers or passengers obtain a judgment. In other words, if an insurance company makes an offer that is too low, the ball is in the court of the injured driver or passenger to bring a lawsuit and beat the offer in court, by obtaining a judgment that is higher than the insurance company’s offer. It is commonplace for insurance companies to make settlement offers that do not even cover the amount of all of an injured driver’s or passenger’s medical bills. That is simply the way some insurance companies meet their promise to “take care” or injured drivers and passengers.

The court system is not for the faint of heart, and its rules and procedures are difficult to follow and understand. If, therefore, you have been injured as a result of another driver’s negligence, and an insurance company’s settlement offer is unacceptable to you, you should contact the professionals at Arnold & Smith, PLLC. We are not afraid to stand up to the insurance companies, to file lawsuits, and to take cases all the way to the finish line, to get injured drivers and passengers the compensation they deserve.

In some cases, injured drivers and passengers may pursue uninsured or underinsured motorist claims against their own auto insurance carriers. In those cases, injured drivers and passengers may have a contractual right to demand an arbitration to receive a higher compensation amount. In addition, injured parties may file a civil personal injury lawsuit for damages. The experienced personal injury attorneys at Arnold & Smith, PLLC can advise injured drivers and passengers of the best legal options for seeking compensation. The attorneys at Arnold & Smith, PLLC aggressively negotiate on behalf of clients and, when necessary, litigate claims in court

Unfortunately, some irresponsible motorists cause crashes and then flee before they can be identified. When that occurs, an injured driver or passenger can pursue a claim under the auto insurance policy of the driver who was not at fault. This type of insurance claim is called an “uninsured motorist” claim. In addition, when the liability policy of an at-fault driver does not have coverage sufficient to compensate one or more injured persons, injured drivers and passengers may pursue “underinsured motorist” claims.

Uninsured and underinsured motorist claims are different from liability claims. In most cases, parties to an uninsured or underinsured motorist claim may litigate before a panel of arbitrators, instead of in court. Arbitration is different than a civil lawsuit because the parties have more control of the terms of arbitration. In general, in an arbitration proceeding, both parties can exercise more control over the procedures employed when litigating a claim. The decisions of arbitrators are enforceable just like judgments in court. The attorneys at Arnold & Smith, PLLC are experienced at identifying the right cases for arbitration and making sure clients receive the most compensation possible, under the circumstances.

Being involved in a car crash can be a life-changing event, and being offered a settlement that is too low only adds insult to injury. If you have received a low settlement offer, all is not lost. The professionals at Arnold & Smith, PLLC can help you win the compensation you deserve. Contact us today by clicking here or calling 704.370.2828 and let us perform a free case evaluation for you.