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Franklin D. Azar & Associates Blog
Insurance Checklist: Car, Truck, or Motorcycle Accident
If you've been injured in a car, truck, or motorcycle accident in Colorado, it's important that you maintain close contact with your insurance company and pay close attention to your rights. Don't assume that the insurance companies have your best interests at heart. Here is a list of some basic things that you should do, and some things that you should not do, if you're involved in an auto-injury accident. Do: - call your insurance agent immediately after an accident takes place
- obtain a copy of the police report
- take and keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of people you speak with, including their supervisor's name
- Read and understand your policy: what are you covered for and what are you not covered for
- find out if you might insurance coverage under another insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies and "umbrella" policies
- take pictures of any damage to your vehicle, the accident scene, and your injuries
- be honest and forthcoming with your insurer. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage
- keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company
- If necessary, contact an experienced attorney. Insurance companies are interested in their bottom line and will often fight your claim. Don't be a victim!
Don't: - give any recorded or written statements to your insurer until you are sure you understand your coverage. Remember you are not required to allow the insurance company to record your telephone conversation. If you have doubts, consult an attorney
- automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator's or contractor's repair or replacement estimates, which might be lower than what you deserve. If you have doubts, contact an attorney.
- sign any releases or waivers until you obtain legal advice. Don't accept a premature, inadequate settlement from your insurer. Consult an attorney before signing a release or waiver. Also, be sure to read the fine print on any payment from the insurance company.
- accept any check that says "final payment"
- ignore the time limits set by your policy. Most policies require a signed proof of loss within a certain time limit. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company. Many policies allow you only one year from the date of loss in which to bring a legal action if your claim has not been adjusted fairly. If months of gone by and your claim has not been settled yet to your satisfaction, consult an attorney immediately. A failure to do so could result in the loss of your right to sue.
- forget that your insurer has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation, and consult and attorney if necessary.
If you've been injured in a car, truck, or motorcycle accident, you should be aggressive and vigilant in protecting your rights. Don't assume that the insurance companies are looking out for your interests, and don't try to take on the insurance companies by yourself. Contact a Colorado attorney experienced in personal injury and automobile accidents to protect your rights and get you the fair compensation that you deserve! Labels: colorado car accidents, Colorado personal injury attorney, insurance companies, motorcycle accidents, personal injury, truck accidents
Good Faith and Bad Faith Insurance: What It Means to You
When you file an insurance claim with an insurance company in Colorado, that company owes you a duty to act in good faith. This means that the insurance company must not look for ways to escape its obligation to investigate the claim or to pay you. Doing so would constitute bad faith. Bad faith claims and lawsuits may stem from a number of actions or failures to act by insurance companies. Here are some causes for legal action against bad-faith insurance companies: - Unfair denial of coverage
- Failure to communicate important information to the claimant
- Failure to conduct a reasonable investigation of an insurance claim
- Refusal to pay a claim without investigating
- Failure to deny or pay a claim within a reasonable period of time
- Failure to confirm or deny coverage within a reasonable period of time
- Failure to attempt to come to a fair and reasonable settlement when liability is clear
- Offering substantially less money to settle than the true value of the claim
- Failure to promptly provide a reasonable explanation for denial of a claim
- Failure to enter into any negotiations for settlement of the claim
- Failure to respond to a time-limit demand
- Failure to disclose policy limits
What is Good Faith?An insurance company has a duty, or legal obligation to its policyholders. A breach of this duty - or bad faith - can occur when an insurance company improperly refuses to defend a lawsuit or improperly refused to pay a judgment or settlement of a covered lawsuit. The duty of good faith means that your insurance company must: - Adjust your claim (either pay it or deny it) within a reasonable time
- Must cooperate with you regarding the claim (respond to your letters and phone calls)
- Must tell you in writing precisely why it is denying the claim, specifying each contract term or provision upon which it relies
- Must attempt to find a basis to pay the claim rather than find reasons to deny it
- must (as the duty itself states) "play fair" with you
If your insurance company has failed to abide by its duty of good faith, you may be able to take legal action.
Should I Contact an Attorney?Fighting your insurance company may seem like a David and Goliath scenario. Don't be afraid to assert your rights. If you suspect that your insurance company has engaged or continues to engage in bad faith practices that have caused you harm, you may be able to take legal action. Insurance companies always have legal representation of their own: law firms that devote all of their time and effort to advancing the interests of insurance companies, so it's imperative that you get you contact a skilled and aggressive attorney. Don't take on the insurance company alone! If you have been the victim of bad faith insurance, contact an experienced Colorado attorney today! Labels: bad faith insurance, Colorado attorney, Colorado bad faith insurance, denial of coverage, good faith
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About Frank D. Azar & Assoc.
From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.
In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.
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