When you faithfully pay your insurance premium every month for coverage in the event of an accident, it is reasonable for you to expect your insurance company to cover you when an accident does happen. However, insurance companies often use tactics to avoid paying you the compensation you deserve. But you don’t have to accept their dirty tactics; call our Insurance claims lawyers in Dallas for a free consultation.
People rely on their insurance agencies to cover their losses when life circumstances go awry. Unfortunately, some insurance companies unjustifiably leave their policyholders without assistance in times of need. That forces them to pay out-of-pocket for prices that can cause an unmanageable financial burden. The false promise of coverage imposed by insurers can be very disappointing and frustrating for policyholders who faithfully pay their monthly premiums under the impression that they would be protected when the unexpected strikes.
Sometimes, denying an insurance claim is baseless and warrants legal action against the provider. Because insurance companies run like a business, they can employ underhanded tactics to avoid paying out a settlement or underpaying what they know a policyholder deserves. Fortunately, the dedicated Dallas insurance claims lawyers at the The Benton Law Firm are well-versed in dealing with stubborn insurance companies and can help Dallas residents obtain the coverage they need.
To learn more about how we can help you with your insurance dispute, schedule a free consultation by calling us today at (214) 777-7777.
Why You Need an Insurance Claims Lawyer in Dallas
Fighting against an aggressive insurance company can be daunting, especially when your financial stability is on the line. Navigating the world of insurance claim disputes can be confusing and complex and requires educating yourself about any risks involved should you not hire an attorney. Hiring an experienced attorney can increase your chances of recovering the compensation you are entitled to for your losses. Lawyers are familiar with the tactics insurance companies use to avoid paying claims. They will be able to understand all the fine print of your policy, anticipate the arguments the other side will use, and mount a strategic argument in your favor. Leaving your legal claim to a lawyer frees you up to focus on your family in the aftermath of your accident.
Why Choose The Benton Law Firm?
At The Benton Law Firm, our lawyers know insurance companies’ tactics to avoid paying out claims. Our skilled attorneys will aggressively fight those insurance companies so that you can get the compensation you deserve. If your case goes to trial, we will diligently work to show how your insurer has operated in bad faith or breached a duty to you. We have recovered millions of dollars for our past clients, earning us a place in both the Million Dollar and Multi-Million Dollar Advocates Forums.
We provide free consultation to all potential clients. This no-risk consultation will help us to understand your case and help you understand your options. Our law firm also works on a contingency fee basis, so you won’t pay any fees unless you recover for your losses. We are dedicated to these policies because we believe your financial situation should not prevent you from getting great legal representation.
The attorneys of The Benton Law Firm are available 24/7 to answer any questions you may have regarding your case. We will promptly return all messages and calls and work to provide updates on the status of your case.
The Insurance Company’s Fiduciary Duty
As a policyholder, your insurance company ow you a fiduciary duty. This means that as the fiduciary, the insurance company is in a position of financial trust and must act in a way that benefits you. Upon becoming your insurer, the company must understand your financial position, provide knowledgeable information regarding policies and provisions, and act in good faith when dealing with you. The fiduciary duty owed to a policyholder includes:
The duty to provide the utmost care
This means the insurer must act as a prudent person would under similar circumstances.
The duty of full disclosure. This means that the insurer is required to provide you all information and material facts known that may affect your decisions regarding insurance.
The duty of loyalty
This requires the insurer to refrain from acting in a way that is adverse to your interests as the insured.
The duty of integrity
In other words, the duty to act in a way that is in your best interest as the insurer’s client.
The duty to act in good faith
This requires the insurer to act in a way that is completely truthful and without misrepresentation to you. It requires the insurer to refrain from acting in a way that might constitute taking advantage of the insured.
An experienced attorney, such as those at The Benton Law Firm, will understand whether your insurance company breached a fiduciary duty and whether you may be entitled to compensation for that breach.
Causes of Insurance Claims Disputes
Whether you are filing a first-party or third-party claim, there are many reasons why your coverage may have been denied. While some reasons for the denial are valid—not filing a claim in the allotted period or your policy not covering the specific type of car accident—many insurers may resort to deceptive practices that allow them to deny valid claims or pay as little as possible wrongfully.
These practices may include:
- Insurance company acting in bad faith (delaying a claim, not communicating with the policyholder, etc.). Insurance companies have to conduct reasonable investigations and to pay a claim owed. When they act unreasonably or refuse to pay a claim owed, then the insurance company is acting in bad faith. This may also result in a violation of Texas’s insurance code.
- Insurance company misrepresenting the scope of coverage. An insurance company and its agents may not misrepresent the extent of coverage provided to you.
- Insurance representatives using deceptive practices. The Texas Deceptive Trade Practices Consumer Act exists to protect you from an insurance company’s misleading or false practices. However, you must send a written notice to the insurer stating what is wrong and the amount of damages you seek. This is best done through a skilled and knowledgeable attorney.
- Sudden changes in coverage. This may constitute the insurance company acting in bad faith, entitling you to damages.
- Contract disputes. Many times, an insurer’s actions or denial of claims may be grounds for a breach of contract claim. Hiring an attorney will help you to understand what is required to prove that the insurance company breached a contract.
Knowing whether your insurance company is acting in bad faith can be confusing. The assistance of a knowledgeable attorney can help you determine if your claim is being wrongfully denied.
Defenses to Insurance Claim Disputes
Insurance companies might use some common defenses to avoid paying your claim. These defenses include:
Act of God
Insurance companies use this defense to argue that an act of nature was the cause of your accident. For example, they may try to argue that wet or icy roads caused the accident and not another person.
Comparative fault
This defense is used to show that you were either partially or fully at fault for your injuries and that you are not entitled to coverage for the accident.
Insured’s failure to establish cause
Here, an insurance company will argue that you or your attorney failed to show that the actions of another party were the cause of your injuries.
Unavoidable accidents
An insurance company uses this defense to show that the accident would have occurred anyway, no matter what you or the other party could have done. It could not have been avoided.
The policy does not apply
Here, the insurer will argue that it is not under a legal obligation to pay your claim because of some exclusion or loophole. Alternatively, an insurer may state that your policy does not apply to the type of accident that occurred.
Your lawyer will be familiar with these defenses and will be able to prepare a counterargument in your favor.
Read more: How to Measure Shared Fault in Car Accidents
Contact an Insurance Claims Lawyer in Dallas from The Benton Law Firm
Being the victim of a car accident can be devastating, and a policyholder should be able to count on their insurance company to provide coverage for damages. When you diligently pay your monthly premiums, you expect to be covered for your damages and losses. An insurance company’s refusal to pay your claim can be discouraging. It can lead to financial hardship that affects every aspect of your life.
At The Benton Law Firm, our qualified Dallas insurance claims attorneys can help fight against underhanded insurers to get coverage for your medical bills lost wages, and pain and suffering. Don’t hesitate to contact our Dallas offices at (214) 777-7777 for support and guidance in your case.
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