QUESTION
What can we do if the insurance company is paying us so much less that what was robbed?
Asked on Jan 03rd, 2013 on Criminal Law - Iowa
More details to this question:
We had a robbery and the break in they took most of my power and other stuff, the total was about $11,000.00. Now the Insurance Co., will only pay 2,000.00 dollars. Because the policy which we never received changed Totally unbeknown to us what can we do ? And can we take them to court over this or let it go. There is more to this also.
9 ANSWERS
Michael J. Breczinski
Get a lawyer and plan to sue them over the amount that they are offering.
Answered on Jan 11th, 2013 at 1:00 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Without reading the policy, and knowing more about what was. Normally, they are only required to pay you the fair market value of what was taken (what you could sell it for at a flea market or by classified ad in the paper), they are not required to pay you what it would cost to replace it. If they are not offering fair market value, yes, you can sue them and perhaps should. I cannot tell if the "there is more" would change my opinion.
Answered on Jan 09th, 2013 at 3:34 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Check with a lawyer. If your own insurance company shortchanged you, if a lawyer has to sue them to get you money the insurance company owes you, then Section 627.428, Florida Statutes, would require the insurance company to pay the attorneys fees if you win.
Answered on Jan 09th, 2013 at 3:32 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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You have what is known as a first party insurance claim. The terms of your insurance policy will control. Without knowing what the policy provides it is impossible to hazard any guesses.
Answered on Jan 09th, 2013 at 3:32 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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As to insurance coverage issues, you should direct your question to an attorney who specializes in those types of cases. It should be noted, however, in the context of a question about criminal law, that if the perpetrators were caught and convicted, you - as the victim - are entitled to what is called restitution.
Answered on Jan 08th, 2013 at 2:18 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There may be several options. One could be an internal appeal within the insurance company. Arbitratrion with the State Insurance Department could be a possibility. Also, there could be a lawsuit called a "declaratory judgment action" and also for breach of contract, etc. But, before any of that could be done, you have to have a lawyer look over everything, in particular, your insurance policy and their denial letter.
Answered on Jan 08th, 2013 at 2:18 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You say it changed, but I have a suspicion that the operative language did not change. If the policy said that it would pay cash value and not replacement value, then the insurance company is probably doing what it is supposed to do. If you really want to pursue it, see an attorney and see if you really have a claim.
Answered on Jan 08th, 2013 at 2:17 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your coverage is what your coverage is. I doubt if anything was changed without your knowing. It was probably changed without your paying any attention or reading your policy provisions. Almost nobody reads their policies Make sure you read the coverage. Make sure you document your losses with receipts etc. then if you have a problem sue the rascals. Insurance companies will use any technique they can to avoid paying a fair price for a claim.. people try to crook insurance companies all the time. what they don't know is the companies are trying to do the same thing to you and everyone who makes a claim. The old fashioned idea of doing what is right and fair never enters the mind of the carrier executives. Bottom line is all they know and care about.
Answered on Jan 08th, 2013 at 1:48 PM
File and E&O claim with the agent who wrote the insurance.
Answered on Jan 08th, 2013 at 1:48 PM