Are Policyholders Allowed to See the Claim File?
Each month you pay your insurance premiums with the hopes that you may never have a reason to use your coverage. However, accidents do happen and when you’ve been injured or your property has been damaged, it is important to know that your insurance claim will be paid fairly. Unfortunately, companies to not always act in accordance with the law and may attempt to undervalue or deny your claim in an attempt to pad their bottom line. When this happens, it is time to get an attorney involved and demand access to your claim file.
Despite what a company may want you to think, during a bad faith insurance lawsuit, an insurer may be required to hand over an individual’s claim file. This can include vital information about the true nature of the insurance claim including the adjuster’s notes and thoughts regarding how coverage should apply. On the other hand, companies do not have to release the advice or correspondence they receive about a claim from their legal department or external lawyers. An attorney can help you to demand this information from an insurance company. Furthermore, insurers may change their strategy for handling your claim when they are aware that an attorney has become involved.
Insurance laws and regulations can be tremendously complex and an insurance company may attempt to get creative in order to support their bottom line. In past cases, companies have attempted to hire attorneys to review claim files in order to keep all documentation private. In a bad faith insurance case, while certain items are protected under client-attorney privilege, a company cannot keep an insured from information gained through the normal course of claims investigations. Florida courts typically find that the legal protections on claims do not apply until a lawsuit has been filed as before this point, claims are business files.
Supporting Your Insurance Claim
Whether you have experienced an auto accident or your home has been damaged by a flood, thorough documentation is critical to the success of your claim. The insurance company will have detailed records and when they are revealed in court, you will want your own evidence to match. Pictures and videos, for example, can be compared to the insurance companies claim files and can help to clear discrepancies. Furthermore, documenting all interactions with the insurer itself can help to hold them accountable for their actions. It is hard to predict what information will prove to be useful and any evidence you collect may be helpful down the road. Every case will be unique and any specific questions about your claim should be directed to your attorney.
Don’t Take on the Insurance Company Alone – Call (844) 818-0774
When you believe that your insurer is attempting to undervalue, delay, or deny your claim, do not hesitate to contact the Morgan Law Group. Our Miami insurance attorneyspossess more than four decades of the collective experience and can help you to maximize your claim. We know that experiencing an accident of any kind can strain your budget which is why we work on a contingency basis. This means that from your initial consultation, there are no upfront costs to you.
Contact our firm today and speak with an attorney about how to get the most out of your claim.