Your Car Accident
When you disagree with your insurance company, about a claim, you have the following 7 options which you can proceed to do, without going to court.
- If your agent is unable to solve your problem, get the name and phone number of your insurance companies Claims Department. More often than not it's an 800 number. Call The Consumer Complaint Department. Talk to them because they should be able to help you.
- Don't hang up until you get the specific name of the person with whom you spoke. (Make a note of the person you talked with and hold onto that until you've finished and your dispute).
- Send a covering letter (to that individual with whom you spoke) that contains all the documents you have to back up your position.
- All insurance companies have either an "Appraisal Service" or "Arbitration Service" which have been created to settle differences and/or disputes. Your policy should explain these options.
- If you've followed their rules for resolving your dispute, and you're still not satisfied, your own state's insurance department should be able to help you.
- If, after hearing from your own insurance company's people (and you're confident you've not been handled properly) you should call 1-800-942-4242 which is a toll-free Consumer Information Service which is sponsored by the insurance industry.
- Trained personnel are available to assist consumers who have complaints. THIS "HELP LINE" OPERATES ON EASTERN TIME, MONDAY THRU FRIDAY, 8:00 AM - 8:00 PM.
- ALSO: An "Independent Arbitrator", who allegedly has experience in insurance problems, can decide if what you've been told is fair.
- You can get to them by calling THE AMERICAN ARBITRATION ASSOCIATION 1-212-484-4000. Or they can be contacted (via the internet) at http://wwww.adr.org.
- MEDIATION: More often than not the Mediator does not have the authority to make a binding decision or issue an award to either party. The mediator only recommends a solution.
Mediation is a solid first step because it can negate the need for further expense on both sides. The first thing you should do is check the language in your auto insurance policy where it will spell out who will mediate (and/or arbitrate) a claim. You should submit a DEMAND FOR ARBITRATION FORM to whoever is listed in your policy. On that Demand for Arbitration Form you can specify whether you want "MEDIATION" or "ARBITRATION".
DEMAND FOR ARBITRATION FORMS are available from your state's Department Of Insurance, or you can print a copy of a Demand Form from the American Arbitration Association's web site - - which (again) can be found at http://wwww.adr.org.
Never Forget These 3 Very Crucial Facts
A. Mediation is much less expensive than Arbitration.
B. The Mediation Decisions are only considered to be advisory.
C. Arbitration Rulings are absolutely binding!
DISCLAIMER: The only purpose of this article "YOUR CAR ACCIDENT & HOW TO DEAL WITH YOUR INSURANCE COMPANY ON A DISPUTED CLAIM" is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Vince Ciulla nor About.com make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any legal service; NOR to substitute for a lawyer, an insurance adjuster, claims consultant, or the like. Where such professional help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain said services.
Dan Baldyga's third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the Internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com. This book reveals "How To" successfully handle your motor vehicle accident claim so you won't be taken advantage of. It also goes into detail regarding BASE (The Baldyga Auto Accident Settlement Evaluation Formula). explains how to determine the value of the "Pain and Suffering" you endured - - because of your personal injury!
Copyright (c) 2005 By Daniel G. Baldyga. All Rights Reserved