Your Right to an Attorney in Insurance Disputes
When you purchase health or life insurance, you expect your insurer to uphold its end of the agreement, paying valid claims promptly and fairly. However, insurance companies do not always operate in good faith, and disputes can arise over claim denials, delays, or underpayments. As a policyholder, you have the right to protect yourself and seek the advice and representation of an attorney when facing an insurance dispute. Yet some insurance companies will try to dissuade you from hiring an attorney, assuring you they are looking out for your interests and can resolve the matter the same or better without attorneys getting involved. This is not only false but also an unfair practice in the business of insurance under California law.
If your insurance claim is being unreasonably delayed or unfairly delayed, you have the right to legal counsel and can benefit from getting legal advice. The California insurance bad faith lawyers at Gianelli & Morris take on insurance companies every day when they mistreat their policyholders and are here for you with compassionate advice and zealous representation.
Entitlement to Legal Representation in Insurance Disputes
Every insured person has the right to consult with an attorney at any point in the insurance claims process. Whether you’re dealing with a health or life insurance claim, having legal counsel ensures that you are aware of your rights and options. An experienced insurance lawyer can review your case, interpret the policy language, and guide you through the complexities of the claims process. Additionally, if your claim has been wrongfully denied or delayed, a lawyer can assist you in filing a claim alleging bad faith insurance against your insurer.
Insurance companies are powerful entities with vast legal resources at their disposal. Without professional legal representation, policyholders may find themselves at a disadvantage when trying to negotiate with their insurer. An attorney can level the playing field, ensuring that your interests are protected and that you receive the benefits you’re entitled to under your policy.
Why You Need an Experienced Insurance Lawyer
Insurance companies often rely on the dense, technical language in their policies and the complex claims process to justify denials or delays in payment. They may argue that certain treatments are not covered, that you missed a deadline, or that you did not provide adequate proof of loss. In these situations, it can be overwhelming to try and navigate the legal and procedural requirements on your own.
An experienced insurance lawyer can:
- Review your policy and assess whether your insurer has acted in bad faith.
- Handle communications with the insurance company, ensuring that your rights are upheld.
- Help gather and present the necessary documentation to support your claim.
- Negotiate settlements with the insurer, advocating for the full benefits you are entitled to.
- Take legal action if the insurer continues to act in bad faith by denying, delaying, or underpaying your claim.
The insurance company’s priority is protecting its profits, which often means minimizing payouts on claims. Having a knowledgeable lawyer on your side can make a significant difference in the outcome of your case. A lawyer who restricts their practice to insurance disputes will know the tactics insurers use and how to counter them effectively, improving your chances of a favorable resolution.
Protections Under California Insurance Law
In California, policyholders are afforded specific protections when dealing with insurance companies. For example, California Insurance Code § 790.03 outlines unfair and deceptive practices that are prohibited by law. One such practice, found in subsection (h)(14), prohibits insurance companies from advising claimants not to seek legal representation.
California Insurance Code § 790.03(h)(14) specifically states that it is an unfair practice for an insurer to “advise a claimant not to obtain the services of an attorney.” This regulation is designed to protect policyholders from being misled or coerced by their insurers into handling complex claims or disputes without the benefit of legal counsel. If an insurance company violates this provision, it may be held accountable for bad faith practices, and the policyholder may be entitled to damages.
If your insurance company has discouraged you from seeking legal advice or representation, this could be a violation of California law. Insurers are prohibited from using their position of power to unfairly influence your decision regarding your right to an attorney. If you have been told not to hire a lawyer, or if your insurer has implied that you will not need one, you should seek legal advice immediately to protect your rights.
The Value of Legal Representation in Bad Faith Insurance Claims
Bad faith insurance practices, such as unreasonably denying claims or delaying payments, can have devastating effects on policyholders, especially when the claim involves health or life insurance. When an insurer acts in bad faith, it is critical to have a skilled insurance lawyer on your side. At Gianelli & Morris, our attorneys have years of experience advocating for policyholders who have been wronged by their insurance companies. We understand the intricacies of California insurance law and are prepared to hold insurers accountable for their unfair practices.
Attempting to resolve a bad faith insurance claim without professional legal assistance can lead to unsatisfactory results, such as accepting a low settlement or having your case dismissed. By working with an experienced attorney, you can ensure that your rights are fully protected and that you receive the compensation you deserve.
Contact Gianelli & Morris for Zealous, Effective Representation Regarding Denied Insurance Claims in California
If you are facing an insurance dispute in California, remember that you have the right to consult with and be represented by an attorney. Attempting to handle a complex insurance claim on your own can leave you vulnerable to unfair tactics by your insurer. Furthermore, under California law, your insurance company cannot legally advise you against seeking the help of an attorney. If you believe your insurer has acted in bad faith or has violated your rights, contact Gianelli & Morris for a free consultation at 213-489-1600. We are here to fight for your rights and ensure you receive the full benefits you are entitled to under your insurance policy.
