The amount of money a driver receives for property loss depends on the insurance coverage used to compensate for the property damage. Disputes often arise with an insurance adjuster after a driver receives less money than anticipated. In fact, the driver may receive no payout at all from the insurance adjuster.
A driver has a variety of options to resolve a dispute with a car insurance adjuster. For example, the driver can request a senior adjuster in the insurance company to handle their claim or they may:
The majority of auto insurance policies contain an appraisal clause that can be invoked during a dispute between the driver and the insurer. If no agreement is reached, the driver or insurance company can demand a car appraisal. The vehicle is appraised by a third party called an umpire. Each party will be responsible for paying for their own appraiser. They share the cost of hiring an umpire.
Each insurance agent, adjuster, broker, and company is licensed by a state’s insurance office. A driver can file a complaint about the low amount of the payout. The insurance office will investigate the claim and determine the specific outcome.
Mediation is an alternative resolution to going to court. If both parties agree to mediate their dispute, the driver and insurance company will meet with a third party, called a mediator. The mediator will then listen to the facts and help both parties reach a mutually agreed-upon resolution to their dispute.
Many insurance companies include arbitration clauses in their contracts. If there is an arbitration clause in the driver’s contract with the insurance company, they may be required to attempt to resolve their dispute with the insurance company through arbitration before they are allowed to sue the insurance company in court. Arbitration is similar to mediation because, like in mediation, both parties present their sides to a third party. Unlike mediation, arbitration is a much more formal process, with the third party determining the outcome of the case on their own without the input of either the driver or the insurance company. The decisions are usually binding.
Litigation is usually the last step in resolving a dispute with an insurance adjuster. Talk to personal injury attorney about the dispute and your best legal recourse.
Last Modified: 06-29-2015 07:13 PM PDTLaw Library Disclaimer
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