Yes, you generally have the right to sue your insurance company if they are not fulfilling their obligations to pay a valid claim. However, before pursuing legal action, it’s often recommended to exhaust other options, such as the appraisal process, mediation, or negotiation, to resolve the dispute without going to court. Here’s a general overview of the process:
- Negotiation: Before considering legal action, you can also directly negotiate with your insurance company. Present your evidence and reasons why you believe your claim is worth more than what the insurance company has offered for your settlement. Often, insurers are open to reevaluating claims and re-inspecting damages to settle disputes without going to court.
- Mediation: If negotiating with your insurance company doesn’t resolve the issue, you and your insurance company might consider mediation. Mediation in Florida is a nonbinding process that could take months to get your mediation date. Mediation involves a neutral third party hired by the insurance company that helps facilitate a discussion between you and the insurance company to find a resolution. It’s a less adversarial process than a lawsuit and can help both parties find a mutually agreeable solution.
- Appraisal Process: Many insurance policies include an appraisal clause allowing an independent appraisal to settle disputes regarding the value of a claim. This process involves both parties selecting appraisers to assess the claim’s value. If the appraisers cannot agree, they will submit their differences to an impartial umpire. The decision of any two of the three participants of the appraisal panel is typically binding and helps determine the amount the insurance company should pay. This process can be more efficient and less costly than a lawsuit.
- Lawsuit: If none of the above options result in a satisfactory resolution and you believe your claim is valid, you can consider filing a lawsuit against your insurance company. Remember that lawsuits can be time-consuming and expensive, so it’s generally a step to take when other avenues have been exhausted.
Before taking any action, it’s wise to carefully review your insurance policy, understand your rights, and consult legal professionals specializing in insurance law. Laws regarding insurance claims and disputes vary by State, and a lawyer can provide you with advice tailored to your specific situation. If you decide to pursue legal action, having strong documentation, evidence, and a clear understanding of your rights will be important in building your case.
If you are considering suing your insurance company over an unpaid property damage claim? Obtain a free evaluation of your claim. Reach out to Florida Insurance Claim Appraisal at 954-978-0886 or 239-244-1497 to determine your eligibility for resolving your insurance claim through appraisal.