It is believed that if a person takes out insurance, then he can forget about all the problems, because if necessary, the company will definitely pay compensation. But in reality, sometimes it turns out to be not so simple, and very often, in order to receive the due payment due to the law, one has to appeal to the court. Litigation with insurance companies for disputes is very extensive. Every year the number of cases that are associated with such conflicts is increasing.
Disputes with an insurance company for motor third party liability insurance in case of accident
Often there are situations when the amount of payments from the relevant organization differs from the real damage that was caused to the car as a result of an accident. Such organizations very often refuse to pay the missing money for repairs even in pre-trial order. And in this case, you can’t do without the help of professionals.
As practice shows, the assistance of experienced lawyers helps to achieve the desired result from insurance, and it can be quite problematic to independently solve the problem of monetary compensation, as some cunning organizations go to any tricks in order to avoid financial losses of their company.
Can I argue on hull?
Disputes with a comprehensive insurance company are as follows. As regards hull insurance, judicial treatment is usually connected with a refusal on the basis of a traological examination (information about the damage could not be obtained as a result of the declared event). Such a refusal very often is simply unreasonable, and it can be obtained from almost any organization that deals with comprehensive insurance.
Among other things, the insurance company has to sue on hull due to the intentional overstatement of the amount of loss. This is quite beneficial for insurers, because if the damage is greater than the average market value of the car, the car will be recognized as not repairable. In this situation, the cost of the remaining balance of the vehicle is deducted from the average market price for a car, which can result in a decent amount. As a result, the amount of payment may not be enough to repair a damaged car.
Such cases of going to court to insurance companies are not uncommon, when a refusal of compensation is provided on formal grounds (for example, due to an incorrectly executed document).
Should citizens sue insurance companies
It is extremely difficult to independently assess the profitability of such an appeal to the court to recover a payment. Initially, you need to understand if there is a chance to win a lawsuit with an insurance company or if it is not, and if so, what amounts of compensation should be expected. In this regard, before going to court, it is imperative to obtain qualified legal advice directly from a car dealer.
What do citizens get by seeking legal assistance
Having evaluated the information received with documents, car lawyers are currently conducting full-fledged legal advice on the legality of refusing to pay insurance claims, reluctance to accept a suitable balance, lowering the amount of compensation, delaying the deadlines and so on. Specialists will truthfully tell about the prospects of the trial, that is, are there any chances to win a dispute with the insurance company or not. And in the event that there are, for what amount of compensation it is worth counting.
What is the settlement of the insurance dispute
Often, pre-trial methods for resolving disputes with insurance companies are initiated by the insured themselves. This is due primarily to the fact that the organizations are legally savvy, and the largest of them have a whole staff of lawyers, who will not be difficult to represent the interests of the employer in the judicial authority.
The insured individual will incur additional legal assistance costs. In addition, pre-trial settlement methods are faster and often no less effective in their results. The priority is the use of a pre-trial method of settlement of such legal relations in the following situations:
- Violation of the rights of the insured by the insurer without actual intent to commit such (an example would be the lack of competence of performers along with the loss of documents by the insurer, and the like).
- The critical financial situation of the insurance organization (also the technical crisis of the company in the form of a change of leadership, relocation, and so on) can be added to this category.
- Uncertainty of the insurance institution in its innocence (it is rather difficult to determine such a situation for non-professionals).
- The reluctance of insurers to engage in legal proceedings or conflicts with human rights organizations.
- Correct assessment by the insurer of the degree of experience of the insured and his perseverance.
- Inexperience of the management or employees of the insurer.
Lawyers are not advised to pay attention to some of these factors. Next, we will discuss what options exist today for resolving disputes with insurance companies.
Dispute Resolution Methods
They are usually as follows:
- Pre-trial option. I must say that directly in the fight against insurance, it is ineffective, and it does not bring any positive results, as well as compensation for all losses incurred by the client.
- Judicial way.
Legal disputes with insurance institutions manage to resolve a number of the following issues:
- The company refuses to provide the payment of the required amount.
- The institution paid less compensation than is required for a full restoration of property.
- Delayed money transfer.
- The company went bankrupt or was completely deprived of a license.
It is worth noting that, when applying to them, modern lawyers help citizens consider traffic accidents with insurance companies of any complexity within the court.
Recommendations in litigation with insurance
Experts give such tips:
- Clients must have all copies of documents that were signed by the insurance company.
- Any explanations, as well as oral clarifications by insurers, must be documented, without which they have no legal force.
- An insurance agreement without the signature of an authorized person, without a breakdown of the position and name is considered invalid.
- Citizens must submit any applications with appeals to the insurance company only in writing, while copies must remain in their hands with confirmation of the date of delivery.
- In the event that the person is acquainted with the part of the contract, and not with its entire scope, such a fact must be indicated in writing, with the date of registration of the document being fixed.
Judicial practice shows that disputes with insurance companies are a complex process, in particular, many difficulties can arise at the stage of late visits to lawyers, when many different mistakes are made against the background of an independent struggle with the company. But, despite this, many experts manage to resolve disputes with insurance companies at any stage.
How can the controversial case for insurance end
As part of the trial, insurance may ultimately be required to:
- To pay a penalty.
- Compensate for inflation-related losses over time delays.
- Reimburse costs based on benefits not received by the client.
- Compensate for losses associated with vehicle downtime and physical deterioration of the vehicle.
- Reimburse payment for rendered legal services.
- Pay the debt in double size.
- Compensate for moral damage and so on.
You should not be afraid to turn to experienced lawyers who can defend their rights and obtain compensation from an insurance institution. And the main thing in such matters is not to waste time.
Conclusion
Thus, it should be noted that insurance institutions are primarily commercial organizations, whose goal in work has always been and remains to maximize profit from their work. Today it is very rare that such an organization honestly and without any delay makes a payment. Almost every insurer decreases compensation, every second of them is looking for a reason for refusal. Most of these firms do not in any way respond to pre-trial claims of citizens. The only option for resolving disputes with insurance companies about obtaining reimbursement is judicial treatment.