Following a road traffic accident, drivers usually expect to receive an insurance payout. This is the whole point of taking out an insurance policy. However, in practice, it is not always possible to receive the full amount.
The insurance company may refuse to pay out. It may reduce the amount of compensation. Sometimes the processing of a claim is delayed. As a result, the policyholder is forced to pay for repairs themselves or seek ways to protect their rights.
In such situations, an insurance claims solicitor can help. They check the legality of the insurance company’s actions and seek payment if there are legal grounds for doing so.
When does a dispute arise?
Most disputes begin after receiving a response from the insurer. The policyholder expects one amount, but the company offers a completely different one or refuses to pay out at all. The most common causes of disputes are:
- refusal to pay insurance compensation;
- underestimation of the amount of damages;
- breach of payment deadlines;
- incomplete calculation of repair costs;
- reference to unclear grounds.
In such cases, the documents must be analysed. Without this, it is difficult to determine whether the insurance company acted lawfully.
Traffic accident lawyer to review documents
Following an accident, a set of documents is compiled. It is this set that the insurance company subsequently refers to. A traffic accident lawyer checks:
- the insurance policy;
- the insurance claim form;
- the accident report;
- expert reports;
- calculation of damages;
- correspondence with the insurer.
Usually, the cause of the dispute becomes clear after analysing these documents. For example, the insurer may have failed to account for some of the damage or used an incorrect calculation method for compensating for the accident.
Traffic accident lawyer in disputes with the insurance company
When the insurance company refuses or reduces the payout, the situation moves into the legal sphere. Here, it is no longer a matter of explaining, but of proving. A traffic accident lawyer works with documents and figures. Emotions are irrelevant in such cases.
The following is usually checked:
- whether the traffic accident was correctly recorded;
- whether the damage assessment corresponds to the actual condition of the car;
- whether all repair details have been taken into account;
- whether depreciation factors have been applied lawfully;
- whether payment deadlines have been met.
After this, it becomes clear whether there are grounds for a claim or a lawsuit.
Legal proceedings following a road traffic accident: when court action is unavoidable
Not all disputes are resolved through negotiation. Sometimes the insurance company refuses to change its position. This is when legal proceedings following a road traffic accident begin. The court considers:
- the insurance policy;
- the accident report;
- expert reports;
- calculations of damages;
- correspondence with the insurer;
- the parties’ positions.
The decision depends on the evidence. If the documents are prepared correctly, the chances of a positive outcome increase. The main mistake at this stage is a weak evidence base. In that case, even a well-founded claim may be rejected.
How does a solicitor handle insurance disputes?
The work is not limited to filing a claim. The case begins earlier. The usual procedure is as follows:
- analysis of the insurance policy;
- review of the accident materials;
- assessment of the damage calculation;
- preparation of a claim to the insurer;
- negotiations regarding a voluntary settlement;
- filing a claim in court (if necessary);
- representation of interests during proceedings.
This approach allows us to proceed step by step. First, an attempt to resolve the dispute out of court. Then – legal representation in court.
Contacting the lawyers at Svarog
Disputes with insurance companies rarely resolve themselves. The longer you wait, the harder it is to prove your case. The lawyers at Svarog handle cases involving insurance claims following road traffic accidents. We analyse documents, prepare claims and support you through court proceedings. Contacting us provides:
- an assessment of the case’s realistic prospects;
- a review of the insurance company’s actions;
- preparation of evidence;
- representation in court;
- monitoring of the enforcement of the decision.
If the insurance company fails to pay out or has reduced the amount of compensation, you should act immediately. In such cases, time is of the essence.
Questions and answers
How do I resolve a dispute with an insurance company?
The dispute begins with an analysis of the documents. Next, a claim is submitted. If there is no response or the response is negative, the matter proceeds to court.
What should I do if the insurance company has refused to pay?
You need to obtain a written refusal, check its grounds and assess the possibility of appealing through a claim or in court.
How do I claim insurance compensation through the courts?
A claim is prepared, and evidence of the road traffic accident and losses is attached. The court assesses the documents and makes a decision regarding the payment.
Can I challenge an underpaid insurance claim?
Yes. If the amount paid does not correspond to the actual losses, you can claim additional compensation.
What documents are required for a dispute with an insurer?
The insurance policy, accident reports, expert opinions, a calculation of damages, and correspondence with the insurance company.
How much does a solicitor specialising in insurance disputes cost?
The cost depends on the complexity of the case, the amount of work involved, and the stage of the dispute. The final price is determined after analysing the documents.