subject: Suing Your Auto Insurer Is Not A Piece Of Cake [print this page] You might have insured your car to ensure its protection during future risks. Yet your insurer might have backed out when you needed him the most - either by denying coverage or not allowing you the full claim amount. If such is the case, it is obvious that youll be disgruntled about the way your motor insurance claim was handled during the emergency. Your well wishers may advise you time and again to sue your insurer, at this point. They definitely do mean well. But, think for yourself before you file a lawsuit against your insurance company.
Lawsuits can be draining, not only in terms of effort and time, but monetarily also. Above all, you must ensure that the victory will be yours. Otherwise, all the efforts will go in vain, and youll be left in worse condition than before. So before filing a lawsuit, you must find out your chances of winning. Few tips will be able to guide you in the right direction.
Tips to follow before suing your insurer
Though victory in the courts cant be guaranteed from before, you need to try your best for it. The following tips hopefully will make your approach smooth:
1. Measure out your prospect Dont go and file a lawsuit, just because you think that your insurer was unfair in the dealings. Youll need to show proof for every accusation you make. Unless the reason for suing the motor insurance company is strong, you may end up losing the case. You might even have to pay fine for unreasonable allegations.
2. Go through the policy documents Read the terms and conditions of your auto or motor insurance policy, before you take up any legal action. If necessary, take expert advice to understand the limits of your insurance coverage. If it is found out later on that the insurer didnt violate the terms of the policy, youll lose the lawsuit. Forget about what had been promised to you and scrutinize the policy papers thoroughly, since youll need to document every word you say.
3. Ask your insurer for an alternate way Have a discussion with your insurer to find about the alternate options. Not only is a lawsuit time consuming, it is pricey too. Besides, insurance companies try to avoid going into litigation with the consumers. Try to resolve the situation out of court initially, before you file a lawsuit. The motor insurance company might be able to offer a reasonable way out. Youll never know, unless you give them a chance.
4. Measure your expenses Lawsuits are not cost-effective solutions. Youll have to pay the attorney fees along with other charges, if you want legal compensation from your auto or motor insurance company. Check your financial condition to know how much youll be able to spend for the lawsuit. Have an estimate about the costs from beforehand, and proceed accordingly. All your efforts and expenses will go in vain, if you have to withdraw your complaint midway due to limited financial resources.
5. Dont expect immediate solution Legal procedures are time consuming. You need to be patient when you file a lawsuit against your auto insurer. The more time it takes, the more will be your expenses. Besides, the insurance companies and their attorneys use legal tricks to test your patience. Be prepared for the delays and postponements.
Preserve all records of correspondence with your insurer. You need to keep all the details of your motor insurance policy at hand, since youll require them during the lawsuit. Present only the facts, since the court usually doesnt give value to emotions or exaggerations.
by: Juanita Martinez
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