As an expert in personal injury law, I have seen many cases where individuals are offered unfair settlements by insurance companies. This can be a frustrating and overwhelming experience, but it's important to know your rights and options in this situation. When a third-party claimant or insurance company requests arbitration, both parties must agree before the case moves forward. In cases of discrimination, the CRD (Civil Rights Division) evaluates the facts and decides whether to accept the investigation of the case. If the case is accepted, the CRD conducts an independent investigation of the facts and legal issues, including reviewing responses and evidence from both parties. The goal of the CRD is to resolve disputes in a fair and appropriate manner.
However, if the insurance company refuses to reach a fair settlement agreement, your lawyer may recommend filing a lawsuit against the defendant. This may be your best option for recovering full compensation from the insurance company. It's important to note that your lawyer may advise you not to accept or reject the insurance company's initial offer, but rather respond with a counteroffer. This allows for negotiation between both parties and can lead to a more favorable outcome for you. One option for individuals or companies who feel they have been treated unfairly by an insurance company is to file a lawsuit with a third party. This can be done for unfair practices in processing civil liability claims.
However, it's important to be cautious of quick settlements as they often do not fully compensate accident victims for their losses. Experienced personal injury attorneys understand that a settlement offer is just the beginning of a negotiation process with the insurance company. It's crucial to consult with a lawyer before accepting any settlement offer from an insurance company. Settlement agreements typically include a liability waiver, meaning that the insurance company is not responsible for any further payments. This is why it's important to have a thorough understanding of the value of your case before accepting a settlement offer. By the time you receive a settlement offer, your lawyer should have thoroughly investigated the facts of your case, determined your damages, collected relevant evidence, and made an accurate assessment of the value of your claim. If your complaint is not accepted for investigation by the CRD, it's not because they don't believe you were treated unfairly. In some cases, insurance claims adjusters may offer a low settlement in hopes that you will accept it before fully understanding the value of your claim or seeking legal representation.
However, Senate Bill 1237 grants third-party plaintiffs the right to sue an insurance company for unfair claims practices in certain liability cases and creates an alternative and binding arbitration system to resolve these cases. It's important to have a strong and knowledgeable lawyer on your side to ensure that you only accept a settlement offer that fairly compensates you for all of your losses. In fact, a study conducted by the Insurance Research Council found that personal injury claims recover three and a half times more money in final settlements when an attorney is hired to help. It's also important to note that you cannot sue an insurance company for wrongfully processing a claim (known as a third-party lawsuit). This is why it's crucial to have an experienced personal injury lawyer on your side to navigate these complex legal matters.
