If they can't deny your claim, they're going to likely undervalue
your damages and out to urge you to accept a settlement for fewer than
you should receive.
You could be especially vulnerable if your claim is predicated on a natural
disaster, where many of us are filing lawsuits at an equivalent time.
For example, Hurricane Harvey in 2017 displaced over 39,000 residents,
damaged 204,000 houses and caused $125 billion in structural injury.
Commonly, insurance companies face the likelihood of paying out many dollars
in claims, and that they will do everything they will to attenuate their
If you think your insurance firm incorrectly denied your property damage
claim, you should contact an experienced insurance lawyer in Houston quickly.
Experienced Houston insurance lawyers can review your case and determine
whether you've got grounds to sue the insurance firm for the total
value of your claims.
HOW DOES THE claim PROCESS WORK?
When you incur damage that's insured, you'll start by filing a
claim with your home insurance company.
An "independent" adjuster opens a case, gives you a claim number,
and begins to research.
Afterward, the adjuster finishes investigating, and he notifies you of
whether the insurance firm is approving or denying your claim.
If the insurance firm approves the claim, you then work with the adjuster
to work out your request's worth, usually by getting estimates or
If the insurer denies your claim, you ought to think about getting advice
from an experienced Houston home insurance attorney.
DO YOU KNOW THE DIFFERENCE BETWEEN A FIRST-PARTY AND THIRD-PARTY HOME INSURANCE CLAIM?
There are two sorts of insurance claims.
You can file a first-party claim together with your insurance firm for
losses covered by your policy.
If another person caused your losses, you'll file a third-party claim
with the wrongdoer's insurance firm.
A third-party claim is most frequently filed after an accident or bodily injury.
If your first-party claim is denied, you'll sue your insurance firm
to challenge the idea of the bogus denial or to allege bad faith on wrongdoing
by the insurance firm.
If your third-party claim is denied, you'll have an attorney send a
requirement letter to the insurance firm outlining the idea of your request.
If the insurance firm still doesn't settle, you'll file a lawsuit
against the third party, which their insurance firm will litigate.
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WHAT ARE the explanations AN insurance firm MIGHT DENY MY CLAIM?
There are a variety of reasons an insurance firm might wrongfully deny
your claim, such as:
The damage that you incurred was excluded from the policy,
The accident wasn't reported on time,
The policy has lapsed due to premiums not being paid,
The loss was caused by normal wear and tore,
The damage is not sufficiently documented,
You did not take reasonable steps to attenuate the damage,
The damage is a smaller amount than your deductible, or
The company believes you've got falsely represented your claim.
If you afflict the rationale for the denial or if the insurance firm didn't
offer you a reason, it's going to be time to contact an insurance
lawyer in Houston.
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WHAT REMEDIES DO I even have IF THE insurance firm DENIES MY CLAIM?
Although it's frustrating when an insurance firm denies your claim,
you're not without recourse.
There are many grounds on which you'll challenge a claim denial.
A Houston insurance lawyer can assist you in determining which of these
grounds apply to your case.
All Texas insurance policies include an implied covenant of excellent faith.
This means that the insurance firm has got to act fairly and honestly in
its dealings with consumers.
If an insurance company behaves wrongfully in denying your claim, you'll
be ready to pursue a nasty faith claim against the insurance firm.
Under the Texas Unfair Claim Settlement Practices Act, the Unfair Methods
of Competition, and Unfair or Deceptive Practices Act prohibit insurance
companies from acting in certain types of behavior like:
Refusing to settle when liability is apparent,
The unreasonably delaying settlement,
Failing to supply an inexpensive explanation for a claim denial,
Failing to approve or deny a claim within an inexpensive time,
Denying a claim without an inexpensive investigation,
Knowingly misrepresenting material policy provisions or facts,
Failing to acknowledge receipt of a claim or other communication about
Offering substantially but what's lawfully owed, or
They are failing to stay records of complaints.
If an insurer violates a provision of those statutes, they'll have
acted in bad faith.
Additionally, you'll be ready to pursue a nasty faith claim if the insurer:
Made payments without explaining what they mean,
Failed to explain an arbitration appeal policy,
Required you to submit a piece of equivalent information multiple times
and denied the claim for failure to try to do so,
Requested unnecessary documentation,
Advised you not to hire an attorney,
Wrongfully accused you of misbehavior or fraud,
Increased premiums after a claim once you weren't guilty, or threatened you.
Your attorney can help you determine which of those circumstances might
support a nasty bad-faith claim in your case.
The insurance firm made an error.
Sometimes an insurance firm denies your claim in straightness, but the
denial is nevertheless wrong.
For example, it's possible that a provision in your insurance contract
could also be reasonably interpreted in additional than a method.
If the insurance firm denied your claim supported their straightness interpretation
of the policy, you'll dispute their interpretation in court.
Insurance lawyers in Houston skills to interpret insurance policies and
build a robust argument supporting your claim.
If your lawyer can show that your interpretation features a reasonable
chance of being correct, they'll be ready to convince the insurance
firm to barter a fair settlement.
Or if the insurance firm won't settle, your attorney can take the interest court.
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HOW CAN AN INSURANCE LAWYER IN HOUSTON HELP ME?
If you've suffered a claim denial and don't know what to try to,
contact the Dick Law firm today.
We are insurance lawyers in Houston with decades of experience handling
insurance cases. We've represented thousands of claims against insurance
companies within the past, so we all know their strategies and tactics.
We are dedicated to providing our clients with the most straightforward
possible representation and giving them a leg up against the insurance
Call us today or contact us online for a free consultation.