INSURANCE Disputes FAQ |
Has your office represented other clients with insurance disputes?
The law office of Brenda Waugh, Attorney at Law, L.C. has represented clients in the Eastern Panhandle of West Virginia with disputes in areas involving automobile insurance, homeowner’s insurance, life insurance and health insurance claims.
What types of insurance can cover costs or damages?
Boat, commercial, dental, disability, long term care, mortgage, motorcycle, renter’s travel, title and workers comp. Many of these policies are available incident to your employment. Others are suitable only for certain needs or occasions, such as boating or travel.
Are all insurance companies alike?
No. Some companies make it very difficult to negotiate a fair and timely settlement, and may force a case to go to trial. An experienced personal injury attorney will have experience with many companies and should be able to assist you in evaluating your case.
How do I decide which insurance company to buy my insurance from?
Never use promises made in television advertising or cute, catchy advertisements to decide on an insurance company. A hefty advertising budget does not necessarily translate into good services from an insurance company.
You may take recommendations from friends and relatives and then contact agents and compare quotes. Be sure that you are comparing the same insurance when you shop. Be sure to include limits sufficient to protect your personal assets, under and uninsured coverage, and medical payments coverage in your automobile policies.
You may also want to review the complaint ratio and the assets/liabilities of various companies that you are comparing. This information may be available from the agents that you contact. Often independent insurance agents are a good resource for information. They represent multiple companies and shop around to find the right coverage for you. You may then compare those policies to those available from agents who represent only one insurance carrier.
Who pays for the damages when someone is injured?
Usually, the insurance company for the person at fault for causing the accident will be required to pay the damages. If there is no insurance or not enough insurance, other policies such as underinsured policies, may be available to cover the damages.
Who pays the attorney?
All personal injury cases accepted by our office are accepted on a contingency fee. You will not be responsible for attorney fees unless we win.
How long do I have to settle my case?
It depends on many factors. Sometimes you may have as little as one year to settle your claim or you may have much longer. All cases have deadlines. After that date, you will be barred and may never recover your damages. You must contact an attorney to help you to determine the date by which your case may be settled or filed in court.
What do I do if the insurance company refuses to pay my claim or drags their feet or refuses to pay me the amount that I believe my claim is worth?
An insurance company is required to handle your claim expediently, reasonably and in good faith. In order to show good faith, they should adjust your claim promptly, cooperate with you regarding your claim, and be “fair” in resolving the claim.
If you believe that your insurance company is not being fair, is trying to avoid liability or settle your case for less than they should with a “lowball” offer, you should immediately contact an attorney.
What is an exclusion?
Many types of insurance exclude certain types of accidents from coverage. For example, most homeowner policies exclude coverage for animals, birds, fish, automobiles, and business property. They often include exclusions for loss or damage caused by flood, surface water, water that backs up through sewers or drains, earth movement, nuclear damage, and war. An insurance company may decide to include any number of exclusions. A complete review of your policy is the only way to determine what property is covered and what perils are insured against.
I am having a hard time obtaining insurance for my home or car. Isn’t an insurance company required to issue me a policy if I pay the premium?
No. In West Virginia, an insurance company writing homeowner or automobile policies is not obligated to offer coverage to all applicants. Each company has their own underwriting requirements and, therefore, may decline an applicant if such applicant does not meet the company's underwriting criteria.
Can an insurance company cancel my homeowner or property insurance policy?
Yes, although once a policy is in effect for a certain period of time, the law may restrict the reasons that the policy may be cancelled. If you have any questions about cancellation, you should contact an attorney.
AUTOMOBILE INSURANCE
What is “med pay” or PIP? Can I use that to pay medical bills?
Yes. “Medical payments coverage”, “med pay” and "PIP” all refer to insurance that may be a part of your automobile insurance coverage.
In most situations, you have the option of choosing whether to have your health insurance carrier pay as the primary carrier for medical treatment from an auto accident. (This only applies to injuries to you or your covered dependents.) However, some health insurance and automobile insurance policies may specify whether or not the insurance is primary.
It is best to consult with an attorney who can explain the various insurance policies that may be available in your own individual situation and then develop a strategy for the payment of your medical bills.
How much is my automobile insurance claim worth?
You are entitled to compensation for your injuries. That requires that you be compensated for the property damages for your car and its contents, dimunition in value, your medical bills and lost wages, your pain and suffering and other damages. Your spouse or family member may also be entitled to compensation for lost wages or loss of consortium.
How do I know what coverage I have?
Contact an experienced personal injury attorney. She can review both your policy and in many occasions, the other driver’s policy, and determine what insurance proceeds are available to compensate you for your damages.
I just want to get this whole thing over with. Why shouldn’t I just call the adjustor and settle it, he seems so nice?
After an accident, may victims feel like they just want the entire experience to be over. However, settling your insurance claim before you are fully recovered and aware of the extent of your injuries is a very bad idea. You may end up needing significantly more treatment and have no source of recovery for those treatments. Additionally, you may not be aware of the full amount to which you are entitled. You should have an attorney review your settlement and any written document before you sign away anything.
What is underinsured and uninsured motorist coverage? Do I need it?
West Virginia law currently requires that all drivers have uninsured motorist coverage. This type of automobile insurance will cover both personal injury or property damage if you are injured due to the fault of a driver without insurance. The law does not require underinsured coverage, but you should consider including that type of coverage. If you are injured by a driver who carries only the minimum amount of insurance required by the state, there may not be sufficient funds for you to obtain full payment for necessary medical bills, lost wages or your pain and suffering.
Will your insurance cover you even when you drive someone else’s car?
A good rule of thumb is that the "insurance follows the vehicle" as far as coverage is concerned. The policy in force on the vehicle involved in a loss will cover the damage to the vehicle itself and provide the liability limits if other parties are involved. This does assume that you had the owner’s permission to drive the vehicle.
LIFE INSURANCE
How do I find out if someone who passed away had life insurance?
Life insurance policies are often purchased to protect against a loss of income, but policyholders may fail to inform the beneficiaries of the policy’s existence. As a result, policies may go unclaimed based on long dormancy periods of lack of awareness. To find out whether your loved one may have had a policy: check the bank account statements, discuss the issue with family members and friends, call the insurance agents and companies that the person used for other policies.
I can’t afford an attorney. What should I do?
Our office charges no fees for the first consultation in all personal injury and insurance cases. Personal injury cases are generally accepted on a contingency fee basis which will not require any up-front payment. You should contact our office at 304-263-6601 and arrange for a