Who Can Assist Property Owners With Insurance Claims?

July 22, 2011

After experiencing a tornado, hurricane or other disaster, people's world can be turned upside down. Many families and business owners are not sure where to begin as they attempt to both meet immediate needs and plan for how they will recover in the long-term.

A major part of a homeowner's long-term recovery includes repairing the home or finding a new house elsewhere. Businesses may need to recoup lost income. To accomplish either of these goals, property owners need to obtain appropriate compensation from their insurance companies for the damage they sustained.

Many homeowners, business owners, and churches, after making regular insurance payments for years, are disappointed by the treatment they receive from their insurance company when they actually file an insurance claim. Instead of treating property owners with insurance claims as paying customers, some insurance companies treat them as potential liabilities. Insurance companies may downplay or deny claims, sometimes offering quick settlements for a fraction of what they are worth.

When insurance companies fail to hold up their end of the bargain, property owners may not know where to turn for help.

Information About Public Adjusters

Some property owners may seek the assistance of public adjusters. These public adjusters are different than insurance company adjusters. Public adjusters don't work for insurance companies, but instead are hired by property owners to represent their interests in negotiating with insurance companies. In exchange for their services, public adjusters generally charge property owners a percentage of the insurance payment. This percentage can be as high as 20 percent.

Property owners should be cautious if they choose to hire a public adjuster, and be wary of those who solicit business door-to-door in areas hit by a disaster. All qualified public adjusters should be listed with the state insurance department.

Advantages of Attorneys

Attorneys can also help those who suffered property damage seek fair compensation for their insurance claim. Lawyers can do everything public adjusters do and more, including suing the insurance company on your behalf. Attorneys may work with experts, including engineers, water damage consultants, meteorologists, estimators and other experts to determine the value of a claim. Most lawyers advance all the costs of the investigation, including expert fees.

When people think about hiring a lawyer, they are often concerned about attorney fees. Many attorneys, however, don't charge any fees unless they recover on your behalf. In many circumstances, it may be less expensive to hire an attorney than a public adjuster.

An attorney may also help you seek additional compensation because of delays in payment of insurance. Most states have consumer protection laws that apply to insurance companies. Many states have laws to encourage early payment of claims - including the imposition of penalty interest.

All states recognize a special relationship between you and your insurance company. Your insurance company owes you a duty to be fair and reasonable in the payment and adjustment of your claim. This duty is commonly referred to as a duty of good faith and fair dealing; failure to be reasonable by an insurance company is referred to as "bad faith." Attorneys evaluate the insurance company's conduct to see whether or not bad faith has occurred and, if so, to retrieve compensation for your damages as a result of the bad faith. In all states, a successful attorney will also be able to recover attorney fees in addition to the other damages collected on your behalf.

Article provided by Clint Brasher Attorney at Law PC
Visit us at www.brasherattorney.com