Insurance Claims Litigation Lawyer
Car Accident Lawyer Fighting for Your Rights
In most jurisdictions across the country, drivers are required by law to
carry liability insurance in the event they are responsible for an auto
accident. When people are involved in car accidents, the "at-fault"
party's insurance carrier is obligated to cover the damages incurred
by the accident victim who was injured by the insured. When a dispute
arises between the insured and their insurance company or between the
injured party and the insurance company, it is referred to as claims litigation.
There are cases where the insurance company either offers a low-ball settlement
to the injured party and the insured refuses to accept such a settlement
offer, or at other times the insurance company denies liability altogether
and refuses to pay a claim. In either case, it may become necessary to
become engaged in litigation.
Claims litigation frequently occurs with
car accidents; if the insurance company denies liability or if the injured party won't
accept an out-of-court settlement offer, then it will be necessary to
proceed to the next step, litigation. In reality, claims litigation occurs
long before the lawsuit is filed. While many insurance claims are settled
rather quickly, there are a number of claims that are not, particularly
because insurance companies are in the habit of offering far below what
a claim is actually worth. Once it becomes apparent that the insured or
the insured party won't accept the offer presented by the insurance
company, then the insurance company will hand off the case to their claims
management department which consists of claim management specialists and
an attorney, all who don't want to see the case go to court if at
If the insured or the injured party cannot come to a settlement agreement
with the insurance company, and if litigation becomes inevitable, then
the case will be transferred over to legal counsel for the insurance company.
Claims litigation is not cheap for an insurance company once a lawsuit
is finally filed; therefore, insurance companies can be driven to settle
in order to avoid litigation. Insurance claims are civil lawsuits and
are therefore initiated by the plaintiff, or injured party, and the plaintiff
files a claim against the responsible party. If the lawsuit is not settled
through the litigation process, then the case will go to trial and either
a judge or jury will decide who is liable.
Going After Your Own Insurance Company
Insurance companies have a duty to act in good faith towards those who
purchase insurance policies from them; this legal duty is referred to
as the "implied covenant of good faith and fair dealing," which
automatically takes effect once an insurance contract is created. Once
an insurance company acts badly or violates their agreement, then the
insured person, the policyholder can sue the insurance carrier in a tort
claim in addition to a breach of contract claim. There is an important
difference between contract and tort claims; with tort claims the plaintiff
in an insurance bad faith case is entitled to recovering an amount that
is larger than the original face value of the policy when the insurance
company's conduct was particularly unethical or dishonest.
If you have been injured in a car accident, a Houston car accident lawyer from
The Doan Law Firm, P.C. can help. We have extensive experience dealing with all types of car accident
claims in the greater Houston area. Should the insurance company deny
a claim or offer you a low settlement offer we cannot reasonably accept,
we are not afraid to engage in insurance claims litigation on your behalf.
As an injured victim, you deserve full compensation for you injuries and
we will not be bullied by an unreasonable insurance company who won't
offer you what you deserve.
Contact us today to get started filing your claim for compensation, because YOU are worth it!