Frequently Asked Questions
Auto Insurance
What is a contingency fee?
Instead of compensating the attorney for his time by the hour, the attorney is paid by taking a percentage of the gross recovery in the litigation. Most auto collision cases and many insurance cases can be handled on a contingency fee basis.
I was in an auto crash and my car is not drivable. Can I get a rental car?
Yes, if you either have rental car insurance covering yourself or the at fault driver is insured. Be careful to check the allowance that your own insurance company may provide for rental car coverage. Anything over the allowance will come out of your pocket. The adverse driver’s insurance company may try to direct you to a specific rental car agency or limit your daily rental allowance. You are entitled to rent a vehicle comparable to your own.
The insurance company and I cannot agree on a fair value for my property damage. What can I do?
If you are making a claim against your own insurance company under your collision or comprehensive coverage, most insurance policies contain an arbitration clause that is designed to resolve valuation disputes. If you are negotiating with the insurance company for an at fault driver, disputes concerning valuation may have to go to trial.
Disability Insurance
Because of sickness or injury, I am unable to work. Can I make a claim against my income disability insurance?
Yes, if you have such coverage. Income disability insurance coverage is governed by the terms of the insurance contract. Many of these insurance contracts differ from one another. Often times, coverage is determined by the definition of ìdisabilityî found in the definition section of your insurance contract.
What kind of income disability policies are there?
There are several categories that differentiate income disability insurance contracts. Some insurance contracts only pay if you are unable to work at any occupation. Other contracts are supposed to pay benefits if you are not able to work in your own occupation. Sometimes, insurance contracts will pay own occupation benefits for a limited period of time and any occupation benefits thereafter.
What law governs my insurance claim?
If you are making a claim for health or disability benefits, your claim may be governed by the Employee Income Retirement Security Act of 1974 (ERISA). This federal statute provides limited remedies and generally covers insurance benefits provided by private employers. If you work for a governmental or church entity, you are exempt from ERISA.
How do I present a claim to my insurance company?
Very carefully. Income disability insurance company have lost billions of dollars selling this kind of insurance contract and are prepared to spend a lot of money so they do not have to pay your claim. Some insurance companies will even act dishonestly so it is important to choose your words carefully and always present information accurately and consistently. Since income disability benefits can involve significant sums of money, it is usually worth while to hire a lawyer to assist you in making such a claim.
I am disabled and am not covered by private income disability insurance. Is there anything I can do?
Yes. If you are covered by Social Security you will be able to present a claim for social security income disability benefits. Application for such benefits can be done over the phone, on line or with forms made available by the Social Security Administration. You may contact the Social Security Administration through Helpful Links found on our home page.
Health Insurance
I was injured in an collision. Can my health insurer refuse to pay my claim?
No, unless you sign a separate contract (sometimes called a ìsubrogation agreementî) that you will only seek benefits from another insurer or that your health insurer may take your other insurance benefits to reimburse it for benefits paid. DonÃt sign such a contract unless you talk to a lawyer.
Is there a limit on my deductibles and co-insurance?
Usually there are annual limits on the amount of medical cost you must pay. These details must be stated in your insurance contract.
Can my HMO or PPO refuse to pay for some medical procedures?
Maybe. It depends on community standard, medical necessity and the terms of your insurance contract.
Bad Faith
I have been treated badly by an insurance company. May I make a bad faith claim?
Yes, if it is your insurance company. The Arizona Legislature adopted a statute that protects liability insurance companies who treat a third party claimant poorly.
What is a compensable bad faith claim?
You can maintain a bad faith claim against your own insurance company if it denies or delays the payment of a covered claim or does not make an investigation adequate to determine coverage. You can also make a bad faith claim against your insurer if, during its investigation, it does not give at least as much consideration to your interests as it gives its own interests.