#1. If your agent is unable to solve your problem, get the name and phone number of your insurance companies Claims Department. It's usually an 800 number. Call and ask if they have a Consumer Complaint Department? Most do. If so, talk to them because they may be able to help you. Don't hang up until you get the specific name of the person with whom you spoke. (Make a note of the person you talked with and hold onto that until you've finished with your dispute).
#2. Be ready to support your case by sending a covering letter (to that individual whom you spoke with) which contains all the documents you have to back up your position.
#3. All insurance companies have either an "Appraisal Service" or "Arbitration Service" to help settle differences and/or disputes. Your policy should explain these options.(If you can't find either of these ask your agent to find them for you)!
#4. If you've followed their rules for resolving your dispute, and you're still not satisfied, your own state's insurance department should be able to help you.
#5. If, after hearing from your own insurance company's people (your confident that you've not been handled properly) you should call 1 800 942-4242 ( a toll-free Consumer Information Service) sponsored by the insurance industry.
Trained personnel are available to assist consumers who have complaints. THIS "HELP LINE" OPERATES ON EASTERN TIME, MONDAY THRU FRIDAY, 8:00 AM - 8:00 PM.
#6. ALSO: An "Independent Arbitrator", who allegedly has experience in insurance problems, can decide if what you've been told (or offered to settle your claim) is fair. You can get to them by calling THE AMERICAN ARBITRATION ASSOCIATION 1 212 484-4000 or they can be contacted (via the internet) at .
#7. MEDIATION: More often than not the Mediator does not have the authority to make a binding decision or issue an award to either party. The mediator only recommends a solution.
Mediation is a solid first step because it can negate the need for further expense on both sides. The first thing you should do is check the language in your auto insurance policy where it will spell out who will mediate (and/or arbitrate) a claim. You should submit a DEMAND FOR ARBITRATION FORM to whoever is listed in your policy. On that Demand for Arbitration Form you can specify whether you want "MEDIATION" or "ARBITRATION".
DEMAND FOR ARBITRATION FORMS are available from your state's Department Of Insurance, or you can print a copy of a Demand Form from the American Arbitration Association's web site - - which can be found (as I've listed above in Number #6) at .
AS YOU MOVE ALONG WITH THE ABOVE YOU MUST NEVER FORGET THESE TWO FOLLOWING (A and B = Below) CRUCIAL FACTS:
A. Mediation is much less expensive than Arbitration.
B. The Mediation Decisions are only considered to be advisory. However, The Arbitration Rulings are absolutely binding!
DISCLAIMER: The only purpose of this article "YOUR AUTO ACCIDENT INSURANCE LOSS - DEALING WITH YOUR COMPANY ON A DISPUTED CLAIM" is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Peter Go nor ARTICLE CITY make any guarantee of any kind whatsoever; NOR do the purport to engage in rendering any legal service; NOR to substitute for a lawyer, an insurance adjuster, claims consultant, or the like. Where such professional help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain said services.
Auto Accident Insurance Settlement
The whole prospect of getting in an auto accident and what to do afterwards is a little dicey and complex. Of course, barring that someone perished in the event, some immediate and long term actions are needed by both parties when it comes to coughing up the cash for damages. Assuming that the accident is between two cars, as most are in general, the first portion of this article will go over what resources can be used to pay for the damages.
For the most part, there are four main sources of compensation when paying for damages during an auto accident. First is out-of-pocket cost. This is usually something that results from minor damages. If both parties agree that the damages received are not heavy enough to write home about, then they simply pay the cost. It's nice this way sometimes as it can avoid driving up one's insurance premium cost and the payment solution avoids any further damage assessment and investigation that may involve insurance or legal pursuit.
The second, and most common, option is payment through insurance. Depending on what contract you've signed up and what the other motorist is on, insurance covers vehicle damage and sometimes medical damage depending on the state liability law and what was signed up for. Liability Insurances in most states usually have a payment system to cover personal injury in the 10 to 15 thousand dollar range.
If there is any injury, a health insurance provider can possibly cover that -- something outside the car insurance compensation. It can work in conjunction with the above two sources of payment. If you have an HMO they probably will not kick in any compensation unless the auto insurance pays out their portion in full.
Finally, the last option of payment source is from other people who were involved in the accident. In addition to the first three mentioned above, payment for damages can be sought from those responsible and involved in the auto accident.
Now if there are extreme damages, let's say a whiplash or some spinal injury occurred, further payment and compensation is often sought out, either directly with the person at fault or their insurance. Legal matters get a bit dense from there and depending on what state you are in, the course of action can vary. A no-fault state will require that each person refer to their own insurance company for compensation. However, for serious injuries, lawsuits have been known to occur despite the no-fault law. And for some states there are hybrid laws that include both a no-fault and a fault choice. Pennsylvania is such a place.
No-Fault vs. Fault: A Pennsylvania Example
Pennsylvania is unusual compared to most states in that it has a policy where motorists can choose either to opt for a no-fault insurance or not -- called a "choice no fault." No-fault insurance basically waves their right to sue the other person regardless of where the fault lies. This goes for the other party as well; they will not be able to sue the no-fault subscriber.
The no-fault subscriber's personal insurance will be the sole funder of the costs and damages including debilitating health consequences. A Pennsylvania auto accident lawyer can flesh out the details or loopholes for extreme cases when a no-fault victim suffers from severe and debilitating damages.
If the no-fault is waived then the option for lawsuits is available. There are thresholds on the option to sue. It's not giving free reign to sue in any accident consequence; there are certain criteria that have to be met that a Pennsylvania accident lawyer can also go over in this instance as well.
Both Elbert Hamilton & Art Gib are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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