What is an insurance claims ? It is when you make a formal request to your insurance company asking for payment insurance claims based on the terms of your policy. After the insurance company has done thorough on your claim for validity, it pays out the money to you. Sometimes things don’t go so smoothly, though. In such times, you must take them to court. In this article, I will explain to you the processes and steps involved when you decide to sue your insurance company for a claim.
Why the court Process?
It enables you to settle your dispute with the insurance company legally. It also gives you the leverage to get the insurance company to pay insurance claims more in an out-of-court settlement before a judge takes over.
The best court to handle insurance disputes is the small claims court. Among other things, it handles claims for damages such as property damage, personal injuries, and breach of contract. However, it handles cases involving claims of $25,000 and below. If you want to sue for more than $25,000, you must go to the Superior Court of Justice (civil court).
What should you do to prepare your case?
1. Ensure you have your facts Straight
Write a short, clear summary of the events and your reasons for feeling entitled to money or property. Remember the legal name and address of the company you have taken to court. Don’t go to court confused. It won’t look good and could cost you the case. Do thorough research. You may be on the right, but in a court case right and wrong are relative, and the person that proves that their right has more strength than the opponent wins, regardless of the real facts.
2. Collect evidence
Do you have witnesses? Look them up, and convince them to testify. Do you have any documentation? Leave nothing to chance, and gather up all available evidence to build the most credible case. The company will have smart, well-paid attorneys – you can be sure they will do their homework. Examples of corroborating evidence: contract, payments record, returned cheques, photographs of property damage.
3. Find out the time limitations
If there is a time limit spelling out how long you can wait before making a claim, you need to know. Consult a lawyer to get more information on this. Also, study the Limitations Act.
Note that the insurance companies has considerable resources which they can turn whichever way they please. They will win by default if you do not work hard to turn the tide. Enlist professional help – a good lawyer – to assist you in your court case. This will increase your chances of winning.