Insurance Claims

Whether you are making a claim against your own insurer (a first party claim) or making a claim against the insurer of the negligent party who caused you harm (a third party claim), the claim process is usually a difficult, frustrating and time consuming effort.  The things you say and do at the very beginning of the claims process can comeback to haunt you as the case progresses.  Even a causal remark made to an adjuster may later be skewed to give it a meaning you never intended.  This is why it is so important to be represented as early as possible in the claims process.  We have handled thousands of insurance claims at the Kane Law Firm and we would be honored to assist you.

Report Your Claim To Your Own Insurer 

It is important to report a claim to your insurance company as required by the policy.  Failure to do so can result in them denying coverage.  You also have a duty to cooperate with your insurer, which may mean that you have to give them a statement, or even submit to an examination under oath (EUO).  This should never be done until you have had an opportunity to speak with your attorney and review the terms of your insurance policy.  Your attorney can help you prepare for the statement by letting you know what kinds of questions will be asked and your attorney can accompany you to the statement to be sure your rights and interests are protected. 

Many times, once your insurer gathers the necessary information they will resolve the claim to your satisfaction and no further action will be necessary.  However, sometimes your own insurance company may be your adversary because they are looking out for their own interests and are not trying to protect you.  This may occur when they dispute the value of a property damage claim to a home or vehicle when they are presented with an uninsured motorist claim.

Be prepared to document making your claim.  You should take pictures of any injuries or damages and keep all receipts for meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company.

If you think you have a claim, please review and understand your coverage with your attorney before talking to your insurer or your agent, especially the "Definitions" and "Exclusion" sections of your policy.  Many people have more than one policy that might cover a claim, so it is important to look at homeowner policies, "umbrella" policies, and materials that came with your credit cards to consider whether you might have additional insurance coverage under.

You have a contract with your insurer.  They have a legal obligation to provide the coverage it promised to you.  Be insistent about enforcing that obligation.  If you have any doubts, consult an attorney.

Do Not Talk to the Other Insurance Company

It is not unusual for the insurance adjuster for the negligent party to try to contact the injured party before they can retain an attorney.  By contacting the injured party right after the accident they often find them confused about their rights, disoriented because their normal routines have been severely disrupted and frankly just not able to think clearly.  It is easy to take advantage of an injured person at this point.  Even if the adjuster seems friendly and solicitous of your needs, you should bear in mind that it is the adjustor's job is to protect his company and their insured from the financial consequences of the accident.  Any off handed remark or concession you may make will be noted and later they will try to use it against your best interests.

Florida law provides that you are entitled to just compensation if you are injured as the result of the negligence of another.  You should act to protect those rights, because if you don't no one else will.  The best way to protect your rights is to let the insurance company know you have an attorney.  At that point they should not talk to you or contact you in any way without first going through your attorney.

Payment/Settlement

Insurance companies know that their best settlements will come early in the process when you are not represented by an attorney.  When the accident victim is feeling mounting financial stresses caused by their inability to work, a "lowball" offer from the insurance company may seem to be a lifeline.  Such offers are rarely in the interest of anyone other than the insurance company.

A bad financial situation after a traumatic event may make it seem necessary for you to accept a premature, inadequate settlement from the insurer.  If you are feeling this pressure, do not rush into a decision.  You should talk to an experienced attorney who can help you evaluate the full measure of your damages.  It is the job of the adjustor to minimize your claim. You should never accept a check that says "final payment" or "release" unless you are ready to do so.  Accepting a check may be construed as a settlement that prohibits you from obtaining any additional amounts from the at-fault party or his or her insurance company.

Before you settle any claim it is important to know the nature and extent of available coverages, the true extent or your injuries or damages, and for physical injuries that amount of disability you may be left with after your reach maximum medical improvement (MMI). It also is important to investigate whether you need permission from another insurer to settle without jeopardizing other insurance rights. For property damage it is important to establish fair market value or actual cash value, investigate diminution of value and to know if you are entitled to replacement value or depreciated value. You and your attorney should explore ways to maximize your benefits, like reserving certain portions of your policy for specific losses and pay other losses out of a different part of the policy.  While all this may seem confusing, the experienced lawyers at the Kane Law Firm can help ease your way through this process.

Contact the Kane Law Firm, P.A. 

Insurance coverage attorneys at the Kane Law Firm, P.A. in Orlando, Florida have spent years representing insurance companies all over Central Florida before representing people against insurance companies.  The Kane Law Firm knows how the Insurance Companies think, how they approach coverage disputes, how they make decisions, what information they need to reassess their position in favor of paying the fair value of the claim and what gets them to change their position.  We evaluate all aspects of your insurance dispute so we can advise you on the best course of action and cut through the red tape associated with processing and valuing your claim.  Let us put that inside knowledge to work for you.

Please call us now if you are having problems getting your insurance claim paid quickly and fairly.  A lawyer will examine your case to see if we can help return you and your family to your normal lives as quickly as possible.  The sooner you begin, the sooner you and your family will be on the road to recovery.

If you or a loved one has an insurance dispute, please call the Central Florida Insurance Dispute Attorneys at the Kane Law Firm, P.A. in Orlando, Florida at 407-898-9130, submit a contact form on our website, or email us at Info@KaneInjury.com. 

We offer a free initial consultation, and if we agree to take your case, we will work on a contingency basis. This means we will get paid for our services only if there is a monetary award or recovery of funds.