Challenging Auto Insurance: Your Right To Dispute

Disputing a decision made by your auto insurance company can be a complex process, but there are steps you can take to navigate it. Firstly, it is important to understand the reason for the rejection of your claim. You should receive a notice from your insurer outlining their reasoning. Once you have this information, you can review your policy to ensure there were no errors or misrepresentations. If you believe their decision is unjustified, you can begin the process of disputing their claim. This often starts with contacting your insurance adjuster for a detailed explanation of the company's decision and your policy. If this does not lead to a resolution, you may need to contact your insurance company's Consumer Complaint Officer, who will oversee the complaint process. If you are still unable to reach an agreement, you can escalate the dispute by contacting an independent third party, such as an external reviewer or a public insurance adjuster. In some cases, you may need to consider filing a lawsuit if you believe your insurance company has breached their contract. It is recommended to consult with a lawyer throughout this process to ensure you are taking the appropriate steps to dispute the auto insurance company's decision.

Notify the insurance company of your disagreement

To notify the insurance company of your disagreement, you must act promptly and inform them of your intention to fight their decision. This can be done through a phone call, followed by a formal letter or email. In your communication, clearly state that you disagree with their decision and that you plan to take action by presenting new evidence and/or providing a different interpretation of the existing evidence.

It is important to understand your insurance policy and the reasons behind the company's decision. Ask the insurance adjuster for a detailed explanation of your policy and their determination. Review your Product Disclosure Statement (PDS) to understand the inclusions and exclusions of your coverage. Ensure that there were no errors or misrepresentations in the evidence you provided, such as accident photos or police reports.

If you believe the insurance company's adjuster has not adequately assessed the damage, you can request a public adjuster to review your case. Public adjusters are often former insurance company employees, so they understand the process and can argue on your behalf if they find discrepancies.

Some insurance companies have internal policies for disputed claims, and you may be asked to provide a statement or present your side of the story. Know your rights in these situations, as you don't want to make any statements that may hinder your ability to recover if your claim proceeds to the lawsuit phase. Consider consulting a lawyer, even if it's just for advisory purposes, to ensure you navigate this process effectively.

Utilise the insurance company's fault dispute processes

If you believe that your auto insurance company has unfairly blamed you for causing a crash, you can take steps to dispute their decision. It is important to act quickly and notify the insurance company that you disagree with their finding and intend to take action. This can be done by contacting the agent on your case via phone and in writing through a follow-up letter or email.

Some insurance companies have internal policies regarding disputed fault investigations, and you may be asked to give a statement or present your case to an insurance adjuster. It is advisable to know your rights in these situations and, if necessary, seek legal advice. A lawyer can guide you through the process and help you build a strong case, improving your chances of a successful dispute.

Before disputing your claim, ask your insurance adjuster for a detailed explanation of your policy and the company's decision. Understand your insurance provider's obligations to you and review your policy documents, including any evidence you provided, such as pictures of the accident or police reports. This will help you identify any errors or misrepresentations in their assessment.

If speaking with the adjuster does not lead to a resolution, you can escalate your dispute to the insurance company's Consumer Complaint Officer, who oversees the complaint process. If you still cannot reach an agreement, the Consumer Complaint Officer is required to provide a letter outlining the company's final stance on your complaint.

Ask for the police report to be amended

If you disagree with the police report, you should try to get it amended. Police reports are often used by insurance adjusters when deciding how to handle a claim. Accordingly, it's important to correct any errors in the report.

The first step is to contact the investigating officer and politely explain your side of the story. If there are any obvious errors, ask the officer to add an addendum to the report. For example, if the report says that your birthday is September 15, 1998, and your actual birthday is September 15, 1989, you can bring your driver's license to the police department and ask for a correction.

If there are no obvious errors, you can still ask the officer to add your version of events to the report. For example, if the report says that you were speeding, but you were not, you can ask the officer to add your statement to the report.

Keep in mind that the officer is not required to change the report. However, if the officer refuses to change the report, you can still use your own evidence (e.g., witness statements, photographs, etc.) to show that the report is inaccurate.

Fight any tickets received over the accident

Fighting a ticket received over a car accident is a difficult but sometimes necessary process. Here are some steps you can take:

Understand the Impact of a Speeding Ticket

Firstly, it's important to understand the consequences of a speeding ticket. In some states, like Florida, speeding tickets can result in substantial fines, increases in your car insurance premium, and points against your driving record. These points can lead to a suspension of your driver's license if accumulated within a certain period. Therefore, it is crucial to be aware of the potential impact on your finances and driving privileges before deciding to fight the ticket.

Weigh the Options

Consider the circumstances of your case and whether it is worth contesting the citation in court. Compare the costs of the ticket fine and increased insurance premiums with the potential court costs. If you have a relatively clean driving record and were driving only slightly above the speed limit, appearing in court may be worthwhile as the judge could reduce or dismiss the citation.

Take a Defensive Driving Course

Completing a defensive driving course can help reduce the negative consequences of a speeding ticket. In some states, like Florida, taking an approved course can result in a reduction of citation fees and prevent points from being added to your driving record. This can help mitigate the impact on your insurance rates.

Improve Your Driving Habits

Losing safe driving discounts after a speeding ticket is common, but you can work to earn them back. Many insurance providers offer telematics programs that track your driving habits and can help you regain discounts by demonstrating consistent safe driving. These programs also often provide discounts for low mileage, so consider reducing your time on the road.

Adjust Your Insurance Policy

If you decide to stick with your current insurance provider, you can explore adjusting your policy to offset the rate increase. While this may involve taking on more financial risk, raising your deductible and dropping optional coverage can generally lower your premium.

Seek Legal Advice

Consulting with a skilled traffic attorney can provide you with specific advice for your situation and improve your chances of a favourable outcome. They can guide you through the process, protect your rights, and help you navigate insurance laws and regulations.

Consult a lawyer

Consulting a lawyer can be beneficial if you are disputing an auto insurance company's decision. Lawyers who specialise in insurance disputes can help streamline processes, especially in complicated claims, unclear fault cases, and situations where you have suffered significant losses.

• Expertise and Experience: Lawyers have the necessary expertise and experience to navigate complex insurance disputes. They understand the legal jargon, technicalities, and standard practices involved in the claims process. This knowledge can help ensure you don't inadvertently waive your rights or miss any critical steps in the dispute process.
• Saving Time and Effort: Insurance disputes can be time-consuming and tedious, requiring a lot of paperwork, research, and legal knowledge. A lawyer can handle these tasks on your behalf, allowing you to focus on your work, family, and other priorities.
• Improving Chances of Success: Lawyers know how to build a strong case and advocate for your rights effectively. They can help you gather and present evidence, interpret complex policies, and deal with insurance company tactics. Their involvement may increase your chances of a favourable outcome and a higher settlement amount.
• No Upfront Cost: Many lawyers offer free initial consultations, and some work on a contingency fee basis, which means you only pay if you receive a settlement. This arrangement ensures that you get legal assistance without any upfront financial burden.
• Handling Uncooperative Insurance Companies: Insurance companies may employ various tactics to delay, deny, or minimise claims. Lawyers are familiar with these strategies and can protect your interests. They can communicate and negotiate with the insurance company on your behalf, helping to level the playing field.
• Specialisation in Insurance Law: It is essential to consult a lawyer specialising in insurance disputes or bad faith insurance claims. These lawyers have specific knowledge of insurance laws and regulations and can provide tailored advice and strategies for your case.

Before consulting a lawyer, it is advisable to gather as much information as possible about your insurance policy, the dispute process, and your rights as a policyholder. Review your policy documents, communicate with the insurance company, and seek guidance from relevant organisations or consumer complaint officers. If you feel that the insurance company's decision is unfair or unreasonable, consulting a lawyer can be a prudent next step to explore your legal options and protect your rights.

Frequently asked questions