Insurance is meant to provide financial protection after an unpredictable event, like a car accident, severe weather, or the onset of a severe disability. The trouble is that insurance companies often deny valid claims or try to settle for less than the claim is worth. If your insurance company denied your claim or tried to lowball you, you should consult an insurance lawyer in Lafayette about pursuing legal action.
At Galloway Jefcoat, we know the tactics employed by insurance companies when policyholders file claims. Our firm has an established track record of recovering compensation for injuries and damages.
For three decades, we’ve been turning wrong into right in Lafayette and throughout Louisiana. If you have questions about your legal options following a crash, contact a Lafayette personal injury lawyer.
Types of Insurance Cases a Lafayette Insurance Lawyer from Our Team Can Handle
There are various types of insurance that consumers rely on in case of something unexpected. Those affected by life events can file claims with the type of insurance that handles the type of situation they are in. However, there can be complications with any one of them. As such, Galloway Jefcoat handles a variety of cases, including:
- Car insurance provides coverage in the event of car accidents or other situations that cause damage to the policyholder’s vehicle. Car insurance also provides financial protection for drivers who cause a crash.
- Home insurance protects your property in case of a break-in, destruction from a weather event, or another unexpected situation like water damage from broken plumbing. Home insurance and rental insurance also protect your personal property inside your home or apartment.
- Life insurance provides surviving family members or designated beneficiaries with compensation to cover expenses such as funeral costs, mortgage, debt, and other expenses the family may need after a loved one passes away.
- Catastrophe insurance helps protect policyholders from property damage caused by natural disasters like floods, fires, hurricanes, or earthquakes.
- Disability insurance provides for paid sick leave and long and short-term disability if you become permanently or temporarily disabled and cannot work.
If you are struggling to secure compensation from any of these types of insurance policies, a knowledgeable lawyer may be able to help you. We take on insurance companies and help policyholders secure the compensation they need after an unexpected injury or other incident that threatens their finances or livelihood.
We Can Also Assist You with More Nuanced Areas of Insurance Law
In addition to these many common forms of insurance, our team can help you with other, more nuanced areas of insurance law as well. For example, when a natural disaster such as a hurricane, tornado, or flood occurs, we can help you file a catastrophe insurance claim to help recover and offset your losses.
Additionally, if you have been injured and are unable to work, you may be entitled to disability insurance. Insurance companies may try to avoid paying you fairly, and our team can help you navigate disputes. We gather evidence, build a strong case, and ensure your claim is taken seriously so you receive fair results.
"I have used Galloway Jefcoat a few times and have always been very satisfied. Furthermore, all of the people who work there are very professional, nice, and courteous."
What Duty Louisiana Insurance Companies Have to Policyholders
In the state of Louisiana, insurance companies owe policyholders a duty of good faith per RS § 22:1892. That means they need to adjust claims in a fair and prompt manner, and take reasonable steps to settle. Failing to uphold the duty of good faith can make the insurance company liable for any resulting damages. There are numerous examples of operating in bad faith, such as:
- Misrepresenting information or the terms of an insurance policy
- Not paying a settlement within 30 days after an agreement has been documented, as required by state law
- Modifying coverage without informing the policyholder
- Disregarding that state law says an investigation must commence within 14 days of receiving evidence of loss, and using delays in a claim to benefit the insurance company
- Not conducting a sufficient investigation
If you have reason to believe that the insurance company might be breaking the law with a claim, call Galloway Jefcoat to learn how we may be able to assist you. Getting an experienced lawyer involved can motivate the insurance company to respond faster and offer more compensation.
"Galloway Jefcoat are amazing professionals who are very client focused. They will guide you thru all the details to help get your litigation solved. I was involved in a crash that ultimate required a knee replacement"
The Most Common Reasons Insurance Companies Deny Claims
Insurance companies give claimants numerous reasons for denying claims. Sometimes the insurance company’s explanation makes sense, but other times the insurance company is simply trying to avoid paying compensation for covered losses/damages. Here are some common reasons why insurance companies may deny claims:
- Your premium payments are not up to date.
- You failed to inform the company before the deadline.
- Your policy lapsed due to not paying premiums or failing to pay on time.
- Your incident is not covered under the policy.
- You have preexisting conditions, so your new injury is not covered.
- There is a lack of evidence to support your claim or the amount of compensation you are seeking.
It is important for claimants to remember that these reasons may not be valid since insurers often give flimsy excuses for denying legitimate claims. That is why it’s important to hire a Lafayette insurance attorney who has experience handling these types of claims so that you aren’t treated unfairly.
"As a client of Galloway Jefcoat for over two years I want to take a minute to say how much I appreciate the team handling my case."
How To Appeal an Insurance Company Decision
When an insurance company denies a claim, they send a decision letter. Claimants should review the decision letter carefully to determine if the insurance company had a valid reason for denying their claim. The letter should also explain how claimants can appeal the denial. If you think the insurance company was wrong, you should contact an experienced lawyer to discuss your legal options.
An experienced lawyer can handle the appeal process and potentially file a lawsuit to seek the compensation you need. Our team starts by identifying areas of weakness in your case and gathering additional evidence to strengthen your claim. We then provide this evidence and the reason for the appeal to the insurance company for them to review.
The insurance company has 30 days to respond to your appeal and provide an answer. They may reverse their initial appeal and pay you what you are entitled to recover, or they may issue another denial. If you receive the latter, our team can help you file an external appeal with the Louisiana Department of Insurance and help you navigate the way forward.
Strengthening Your Insurance Claim
There are practical measures that you can take to protect your interests when you need to file an insurance claim.
This includes reviewing your policy and getting clarification on unclear language, checking policy deadlines, keeping thorough records, and familiarizing yourself with the documentation you need to file a claim. These precautionary measures may help your lawyer strengthen your case.
"Great experience, from day 1 I felt like I finally had someone on my side and that feeling didn't leave me for 1 single moment."
Using Alternative Dispute Resolution Methods to Resolve Insurance Claim Disputes
Trying to make headway with the insurance company can feel frustrating and fruitless sometimes. When the insurance company refuses to use good faith tactics or compensate you fairly, taking additional steps to reach a resolution may be necessary. There are generally a few options that you can pursue before resorting to litigation. These may include:
- An appraisal: This option can be used when disputes revolve around property damage. You and the insurance company can each hire appraisers to review the damage. A neutral third-party is also selected to make a decision in the event that both appraisers arrive at different outcomes.
- Mediation: This process allows you and the insurance company to sit down with a neutral mediator and discuss your differences in an effort to reach an agreement. Mediators can’t make decisions, but they can facilitate discussions between both parties and provide an objective viewpoint.
- Arbitration: This process is similar to mediation, but the third party also has the authority to issue a decision to settle the dispute between both parties. Their decision may be binding or non-binding, depending on the terms of arbitration.
The benefits of these methods are that they can help you avoid the expense of litigation and resolve your issue more quickly. Alternative methods also allow you to keep your dispute confidential, unlike the public nature of litigation. Your lawyer can help you determine the most effective method based on your circumstances.
Litigation May Be Necessary to Settle Your Case
Depending on your circumstances, you may have to pursue litigation and file a lawsuit against the insurance company, especially if they are using bad faith tactics.
This type of action may be beneficial if you are contesting a dispute involving policy coverage. Insurance companies may use technicalities to avoid paying you, and escalating your case through litigation may help you get the results you need.
Contact Our Lafayette Personal Insurance Lawyers
Reaching out to an experienced insurance attorney in Lafayette from Galloway Jefcoat can be a vital step after an injury or other loss that’s covered by insurance. If the insurance company has engaged in bad faith practices, we can help advocate for your interests, which may include filing a lawsuit.
Your first consultation with one of our lawyers is completely free and confidential. It doesn’t cost you anything to hire our firm. We only receive payment for our services after we have successfully helped you resolve your claim.
"Galloway Jefcoat helped me at a time when I felt lost and taken advantage of by my employer."