Disputing a Car Insurance Claim

Posted on September 14, 2017 | Written By: iadminlaw

Sometimes, when you’re involved in an auto accident, you may find that you don’t agree with the insurance claim; in these cases, you have the right to negotiate with your insurance company to try to reach a better payoff. You are welcome to attempt this yourself, though you may wish to enlist the professional expertise of a car accident attorney.

What are the odds, really, that the car insurance company will change their position and agree to your terms? Well, that just depends. If your claim is both reasonable and provable, then your odds are actually quite good—though you’ll always want to have a lawyer present when making statements to your insurance company.

If your claim isn’t provable or doesn’t come across as valid, though, you’re probably going to be denied—and, at that point, your only option is to go to court.

How Insurance Companies Determine the Claim

To determine the value of your claim, the insurance company will send a damage appraiser to inspect the vehicle and provide an estimation. Though these appraisers are often very competent and professional, they’re by no means infallible. In fact, with just a tiny amount of training, more or less anyone can become a damage appraiser, and their estimations are strongly informed by insurance company guidelines.

All of this is to say: Sometimes the insurance company will offer you a very reasonable claim, with sufficient funds to get your vehicle totally repaired. This is not always the case, though, and sometimes you may need to speak up and ask for a second opinion.

Disputing a Claim

How does this work, exactly? There are a few things you can do to prove your point.

• If you have paperwork that states the vehicle value pre-accident, that can be helpful; sometimes the appraiser will undervalue the vehicle, which is what makes the final claim so low.
• You should also try getting the car inspected by an independent mechanic—i.e., not someone who works for the insurance company. Note that this may cost you some money out of your pocket. If you need a recommendation for a good mechanic, you can always contact one of our car accident attorneys.
• Get that second opinion in writing and provide a copy to the insurance company, along with any other documents that show enhancements/improvements you’ve made to your vehicle.
• Note that, if the insurance company sends you a check of any kind and you deposit or cash it, that means you’ve accepted their claim. If you plan to fight the insurance company, don’t accept any money from them!
• When speaking with your auto insurance company, always make sure you have your personal injury attorney present, as well.

Get Help from a Car Accident Attorney

This process can be laborious, but you don’t have to do it alone. Car accident attorneys can help you win your dispute—and at I Accident Lawyer, we always love to help in this way. We work exclusively with those who have been injured in car accidents, and we’d love to fight your case for you. For help with a dispute, reach out to us today.