What happens if I go to trial?
Suffering hail damage at your house can be an overwhelming experience in and of itself but the situation becomes even more complicated when you suspect that the insurance company has engaged in bad faith actions. This means situations in which they are trying to diminish or deny your claim unfairly. You are entitled to bring legal action against the insurance company if they cross the line and treat you illegally. Your lawyer can tell you more about the kinds of actions that fall under this category, but it usually begins with the policyholder suspecting that something is just not right in the management of the claim.
As a loyal policyholder, you may have expected that your insurance would step in to assist you when the damage occurred. However, the discovery that an insurance adjuster is evading you or attempting to minimize the extent of your claim can be unfortunate or even catastrophic depending on the extent of the damage. There are many different reasons why your bad faith claim may never end up going to trial. However, it is important to consult with an attorney to file a case sooner rather than later.
The very act of filing a case and hiring an experienced bad faith insurance lawyer can signal to the other side that you are serious about fighting for what's right and that you will not give up without clearly outlining your case in court. This can prompt the stage of your case in which the vast majority of bad faith insurance claims are resolved, otherwise known as settlement negotiations. Insurance companies and other parties will often evaluate the potential cost of litigation and determine that it is not in their best interests to move forward with a litigated case.
The cost of lengthy litigation associated with a bad faith insurance claim may not be in the best interests of the insurance company and they would therefore often be willing to work towards the settlement. Settlement can be the right choice if you are able to receive a reasonable offer from the insurance company so you can put this unfortunate issue behind you. Your lawyer can tell you more about when the offer seems reasonable.
For this reason, your attorney should be experienced with the settlement process and be able to properly calculate the damage in your case so that he or she can argue about what is a truly fair settlement. Discovering that your insurance company has acted in bad faith is extremely frustrating and it is something that no consumer should ever have to go through. Unfortunately, this is an all too common reality for individuals who are filing claims associated with hail damage. The very specifics of your policy can seem confusing but an attorney who has extensive experience reading these policies and working with insurance companies who have attempted to act in bad faith can give you a great deal of peace of mind about your future.