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Answers to Personal Injury, Wrongful Death, and Car Accident Questions

Q: What can I do if the insurance company becomes difficult to work with?

A: Even in cases where liability is straight forward, insurance companies regularly try the same tactics as when liability is contested. They try to deny your claim, delay your claim, confuse you, or refuse you. This is not a shock. All lawyers for injured people know this and so do the state agencies, like the California Department of Insurance, who regulate the insurance industry. Unfortunately, the DOI which is intended to be the watchdog for the insurance industry in California does not seem to care or have the will to address these tactics.

The American Association for Justice issued a report, "Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse" which gives injured people some guidance and tips how to deal with the insurance companies. To summarize, the Report provides the following tips:

Know What is Covered: If you are making a claim to your own insurance company, know what types of coverage are contained in the insurance policy and how to go about appealing a denial.
Complete All Information Carefully: A mistake, no matter how honest or trivial, can result in a denial.
Avoid Cashing a Premium Refund Check: When your insurer decides to cancel your insurance coverage, one way it may do so is to send you a refund check for the premiums you have paid. When you cash this check, it is saying that you agree to your insurance carrier cancelling your coverage.
Put Everything in Writing: Save all written correspondence and bills from the insurance company.
Contact the California Department of Insurance, if Necessary: The DOI cannot represent you in a private complaint against your insurance company, but reporting the complaint may initiate a government investigation that leads to results.

If you follow these tips and the insurance company is still being difficult, you may want to consider consulting with an attorney who will be able to represent you against your insurance company.

For more information, order your copy of Ross Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case, which includes tips on purchasing insurance.

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