Insurance Claim FAQs
Q: If my insurance company underpays me or refuses to pay my claim, what can I do?
A: You have several options available to you throughout the legal system. Because your insurance policy is a contract between you and your insurer, you can recover under your contract and for the breach of the fiduciary duty that the insurance company owes you. In addition, the Texas Insurance Code prohibits unfair activity by insurance companies. Some of these remedies even reimburse you for attorney's fees. Section 542.060 of the Texas Insurance Code provides that if it is determined that your insurer has delayed payment on your case in violation of the law, your insurer must pay 18 percent interest plus attorney's fees. Whether your claim is a homeowner's claim due to a flood or hurricane, business interruption, theft or injury, or other claim, you have many legal rights that your insurer must observe.
Q: How can an attorney assist me if my business has been interrupted?
A: If your business has been interrupted due to a natural disaster or fire, your insurance may not cover all of the damages. It depends on your policy, the exact cause of the damage, and the exact damage that occurred. Lamba & Associates can help you by analyzing your insurance policy, evaluating your losses and assessing the damages, and calculating lost revenue and wages.
Q: I have already cashed my insurer's check and now think I was underpaid. Is there anything I can do?
A: Just because you have cashed the check does not mean your insurance company can get away with illegally underpaying your claim. In many cases, we can re-open the claim and prove that you had losses or damages that were not covered by the initial check.
Q: Do I really need an attorney to file a claim with my insurance provider?
A: The honest answer is that it depends on your case and what happened. Many people file claims with their insurance companies every day and have no problem. However, if you have suffered damage due to a major disaster such as Hurricane Ike, a flood, fire, or burglary, your policy may not be as clear-cut and you may find difficulty dealing with your insurer. Moreover, insurance policies are complicated and often impossible for the consumer to decipher. An experienced insurance claims attorney can help you evaluate your damage, determine what your policy will cover, and represent you in front of your insurer to ensure that your rights under the policy are protected.
Insurance claims can be very complex, and you need an experienced attorney if you want to go up against an insurance company. Insurance companies are some of the largest companies in the United States, and they have their own attorneys protecting their interests. The attorneys at Lamba & Associates, PC are aggressive client advocates who successfully challenge insurance companies. If your insurance company has failed to meet their obligations, Lamba & Associates can help you. Contact the firm today for a free consultation.
