The insurance claim process can be confusing, and if you do not know what you are doing, mistakes easily can happen. The problem occurs when you make a mistake in the claim process, only to discover it later. What happens if you make a mistake in filing your insurance claim?
Can an attorney help you fix your error, or are you too late?
We have asked attorney Alaina Sullivan about this type of situation. Here is what she had to say:
What Happens Following an Accident?
Once you file an insurance claim after an accident, the insurance company will assign a claims adjustor to review the case. This person will look over the policy of the insured to make sure he or she is covered. The claims adjustor will contact you to go over the accident.
He or she will look over the police report, if one was filed, contact the other driver, talk to any and all witnesses, visit the scene of the accident and inspect your car for damages. You may be asked to sign a medical release to allow the claims adjustor to review your records, if you are seeking damages for any physical or emotional injuries.
The point of this investigation is to allow the claims adjustor to prepare a recommendation regarding what would be an appropriate “settlement” figure to offer you for your claim.
Was the Mistake in the Demand Letter?
A great deal depends on when you made the mistake in filing your claim. If the mistake occurred in the beginning, you may be able to easily remedy the problem. The demand letter is often where many insured individuals make mistakes in not claiming enough or claiming too much.
You can always go back and adjust your request a later date, but you may get pushback from the insurance company if you ask for damages you failed to include in the demand letter. Keep in mind, though, that the demand letter is not a final offer. It is the initiation of the investigation proceedings.
If you believe you did not include everything you should have, it is important you speak with an attorney to fix your mistake and get what you deserve.
Was It a Final Settlement?
If the mistake was made in the final settlement process of the claim, it may unfortunately be too late. Most clients have to file a waiver and release of liability when signing off on a final insurance settlement.
This waiver normally states that you, as the injured party, are in agreement that the settlement takes care of all legal issues remaining in the accident and you will not pursue any additional claims.
If you discover your mistake after the final paperwork has been signed, you will not be able to take back your signed contractual agreement with the insurance company at this point. It will simply be too late.
Negotiating the Settlement
If your mistake was made in filing the claim or demand letter, you have the right to counter-offer, if you are not happy with the settlement amount offered by the insurance company.
At this point, hiring an attorney may be a wise idea if you believe you are owed much more than you originally claimed. The attorney can assist you in other ways of working on a better settlement figure, including mediation, arbitration, or even taking the case to court. He or she can help you with your claim, even if you think the value of the claim is low.
Most insurance policies will have some type of alternative dispute resolution clause in them whereby any disputes over the claim amounts offered can be handled outside of the court system. You have the right to bring an attorney to these proceedings.
The key is to not sign off on anything marked “final.” If you are in the negotiating stages, you are able to remedy your errors through the assistance of an attorney.
However, do not delay in contacting one if you believe you did make a mistake in filing your insurance claim.
Contact an Attorney Today
If you have been in a car accident and believe you made a mistake in your insurance claim, you may have questions about your ability to fix your error. It is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your property damages, medical bills, and pain and suffering, you should speak with a personal injury attorney in your area today.
