San Diego Insurance Dispute Attorney

If you are currently involved in a dispute with your insurance company over a denied claim or insufficient payout in San Diego, you may feel confused and frustrated trying to resolve the issue on your own. Hamparyan Law Firm have extensive experience representing clients in all types of insurance disputes and bad faith claims. Read on to better understand your legal rights and options when it comes to getting fair compensation from insurers.

If your insurance claim was denied or you received an unsatisfactory settlement offer, call Hamparyan Law Firm today at (619) 550-1355 for experienced legal advice and representation.

Common Insurance Disputes in San Diego, California

Insurance disputes can cover many types of policies and claims issues. Here are some of the most prevalent dispute scenarios in the San Diego region:

Auto Insurance Disputes

Some common auto insurance disputes involve:

• Claim denials – Insurers alleging technicalities to avoid paying valid claims
• Underpayment – Lowball offers that don’t sufficiently cover damages
• Delays – Intentionally slow response times to valid claims.

Health Insurance Disputes

Typical health insurance disputes include:

• Claim denials – Services deemed “not medically necessary”
• Balance billing – Charging out-of-network rates after services
• Prescription drug coverage fights – Over expensive medication costs.

Home Insurance Disputes

Home insurance disputes often involve:

• Underpayment for losses – Low damage estimates after disasters
• Claim delays – Slow response times inspecting or settling claims
• Policy cancellations – Alleging application issues to void policy.

Business Insurance Disputes

For small businesses, disputes may involve:

• Claim denials for property damage or lost income
• Underpayment for disruption expenses and losses
• Policy cancellations over minor technicalities.

Crop Insurance Disputes

With crop insurance, common disputes relate to:

• Severe underpayment for losses after weather disasters
• Unreasonable claim investigation delays
• Denying claims over technicalities in policies.

Disability Insurance Disputes

Disputes typically relate to:

• Wrongful denial of disability benefits
• Delays in benefit payments
• Termination of long-term disability.

Life Insurance Disputes

Life insurance disputes involve:

• Claim denials after death
• Payout delays to beneficiaries
• Policy cancellations over application issues.

 

If you feel your California insurer is unfairly handling a claim, contact our insurance dispute attorneys immediately to fight for your rights. Don’t let them take advantage of you.

Common Reasons Insurance Companies Deny or Underpay Claims

Insurance companies are for-profit corporations, which means their primary motivation is to maximize profits for shareholders. As such, they have a financial incentive to avoid paying out on as many claims as possible. Some of the most common tactics used to deny legitimate claims include:

Looking for Technicalities to Void Coverage

Insurers comb through policies searching for any minor discrepancy or technicality that could allow them to claim the policy is not valid and void coverage. Things like small administrative errors on your application or a late premium payment may be used as justification.

Alleging Pre-Existing Conditions

If you had any prior related injury or health condition, the insurance company may allege it is the actual cause of your current claim, allowing them to deny that claim events triggered the policy coverage.

Disputing the Severity of Injuries or Damage

Insurers may argue that your injury or property damage is less severe than you claimed. They may use this reasoning to approve only a partial settlement reflecting lower compensation.

Hamparyan Law Firm: Our Steps to Fight Insurance Disputes

At Hamparyan Law Firm, we use our extensive experience to correct unfair insurance company claim denials, delays, and underpayments. We build strong cases on behalf of our clients involved in disputes. Here is an overview of our dispute resolution process:

Thorough Case Investigation and Research

We dig deep into the facts surrounding your insurance dispute to gather evidence of wrongdoing. With our deep familiarity with the claims process, we can build legal arguments supporting your right to fair compensation under policy terms and California law.

Determining Applicable Laws and Regulations

There are various state statutes and regulations governing claim handling practices and prohibiting bad faith insurance tactics. Our lawyers determine which apply to give your case the strongest legal foundation.

Strong Demand Letters and Negotiations

We send insurers detailed demand letters calling out any bad faith or unfair practices uncovered in our investigation while negotiating aggressively to reach a fair settlement.

Litigation If Necessary

If the insurance company continues to deny or underpay your valid claim, we won’t hesitate to file a lawsuit to fight for your rights in court and hold insurers financially accountable.

Don’t let insurance companies intimidate you or deny you money owed. Hamparyan Law Firm will stand up to insurers on your behalf. Call (619) 550-1355 for your free consultation.

Key Laws Governing Insurance Claims in California

There are a number of California statutes and regulations that govern insurance practices and provide protections for policyholders against bad faith claim conduct. Understanding these laws is key to getting fair compensation.

California Fair Claims Settlement Practices Regulations

These rules prohibit insurers from engaging in unfair claim handling tactics such as:

• Misrepresenting policy terms
• Failing to acknowledge claim communications
• Not attempting good faith settlements
• Compelling policyholders to instigate litigation.

Insurers in violation can be sued for damages related to delayed or denied claims.

California Insurance Bad Faith Laws

In cases of clear bad faith denial of claims, policyholders can file lawsuits against insurers seeking extra contractual damages beyond the denied policy benefits. Recent judgments have awarded millions to claimants.

Recent Favorable Caselaw and Verdicts

There have been many recent verdicts in California lawsuits ruling in favor of plaintiffs suing insurance companies for bad faith claim conduct resulting in large judgements. These demonstrate that courts are willing to hold insurers accountable.

How an Insurance Dispute Lawyer Improves Dispute Resolutions

Trying to challenge an insurance company’s denial or underpayment of a claim can feel like an uphill battle. Insurers have dedicated legal resources and personnel trained in claim dispute tactics. Retaining an experienced insurance dispute attorney levels the playing field by putting your case in the hands of legal professionals with specialized experience, including:

• In-depth understanding of applicable regulations and caselaw
• Resources and experts to prove and document your claim’s validity
• Knowledge of prior insurer claim dispute patterns and strategies
• Legal skills to negotiate, demand proper payment, and litigate when needed.

Don’t let insurance companies take advantage of you. The law firm of Hamparyan Law Firm have helped countless clients across San Diego recover rightful insurance compensation through aggressive legal representation.

Contact Hamparyan Law Firm at (619) 550-1355 for top-notch legal help resolving your insurance claim dispute.

About Hamparyan Law Firm

Hamparyan Law Firm founder Robert Hamparyan is one of California’s most respected and accomplished trial attorneys. For over 20 years, he has leveraged his legal skills and expertise to recover over $100 million dollars for personal injury victims, including insurance dispute and bad faith cases specifically. Some key achievements and qualifications of the firm demonstrating their insurance claim expertise include:

• 2008 San Diego Trial Lawyer of the Year Award
• Selected as a Super Lawyer for 15 consecutive years
• Member of the American Board of Trial Advocates (ABOTA)
• Former defense lawyer gives unique insights into insurer tactics
• Proven trial record – not afraid to litigate when necessary.

The firm’s insurance dispute team has extensive experience fighting cases involving denied or delayed claims across all common policies, including:

• Auto insurance
• Homeowners or property insurance
• Health insurance
• Disability insurance
• Life insurance
• Business or commercial insurance.

Discuss your insurance denial or underpayment case with the experienced legal team at Hamparyan Law Firm. Call (619) 550-1355 or contact us online for a free consultation.

Frequently Asked Questions About Insurance Dispute Claims

How much does it cost to hire a lawyer to dispute a claim denial?

Our insurance dispute attorneys work on a contingency fee basis, meaning there are no upfront costs or fees for legal services. The lawyer only gets paid if they recover a settlement for you from the insurer, taking a percentage of those funds as their fee. This ensures alignment of incentives in getting you maximum compensation.

What are some common strategies used by insurance companies to avoid payments?

Some of the top tactics insurance companies use to avoid claim payouts include:

• Alleging pre-existing conditions to exclude coverage
• Disputing the extent of damages to only agree to partial payouts
• Intentionally delaying communications and settlements
• Finding small technicalities in policies to try and void coverage.

Can I file a lawsuit for bad faith against my insurer?

Yes, under California law you can file a lawsuit against an insurance company for bad faith claim handling practices such as unjustified denials or delays. When you sue, you may seek extra contractual damages beyond policy limits. Recent judgments have awarded millions to plaintiffs.

What damages can I recover through an insurance dispute claim?

Typical damages awarded in successful insurance dispute claims include the wrongly denied policy compensation, interest on those funds from time of required payment, legal fees expended to settle the dispute, emotional distress, and in some cases, punitive damages.

How long does a typical insurance dispute case take to resolve?

Many insurance disputes settle within 6 months from filing once evidence proves the insurer’s wrongdoing. However, in cases requiring litigation, it can take 12 months or longer. Having an experienced lawyer speeds up the process.

How often do insurance disputes end up going to court?

Some estimates show that only around 5% of insurance disputes end up going to court for resolution. The majority reach out-of-court settlements once insurers realize the policyholder has a strong legal case and threat of damages from litigation. An aggressive lawyer increases settlement odds.

What happens if I accept an unsatisfactory settlement offer from my insurer?

By accepting a low settlement that does not sufficiently cover your damages and losses, you waive future rights to sue the insurer for additional compensation related to that claim. Never accept an unsatisfactory offer without legal guidance.

Is there a time limit for disputing an insurance claim denial or underpayment?

In California, you generally have two to four years from the unfair insurance conduct to sue the insurer, depending on the legal basis of your dispute. Additional deadlines apply, so acting quickly is important.

Should I report bad faith by an insurer to a regulatory agency?

Yes, in addition to legal action, you can file official complaints about claim misconduct with agencies like the California Department of Insurance. They can investigate whether the insurer violated fair claim handling regulations.

Let Hamparyan Law Firm Handle Your Insurance Dispute

Consult with an experienced insurance dispute attorney as early as possible, document all claim communications thoroughly, gather evidence supporting your claim’s validity, and be ready to legally compel insurers to meet fair claim obligations.

Don’t go up against insurance companies alone. The knowledgeable attorneys at Hamparyan Law Firm have a proven track record making insurers pay. Call today at (619) 550-1355 to discuss your insurance denial case!