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What Happens When an Insurance Company Won’t Settle? - Jones Law Group

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Insurance Agent Inspecting Damaged Car With Insurance Claim Form

What Happens When an Insurance Company Won’t Settle?

Nearly 25 million people have to visit emergency rooms in the U.S. each year. A major contributing factor is personal injury accidents. When someone’s negligence causes another to suffer, the victim should be able to obtain the compensation they deserve from the negligent party’s insurance company. 

But dealing with an insurance claim can be challenging, especially when the insurance company won’t settle. If you find yourself in this situation, it’s essential to understand why insurers may not settle, your rights in such a scenario, and why you need an attorney to help you seek a fair resolution.

Here’s a look at what happens when an insurance company won’t settle and what actions you can take to protect your interests.

The attorneys with the Jones Law Group will fight to help you obtain maximum compensation as quickly as possible. But we’ll also be ready to stand up for your rights in court if the insurer refuses to do the right thing. Learn more by contacting us online or calling (727) 571-1333 for a free consultation.

Reasons Why Insurers Don’t Settle 

Some insurance companies will find any excuse they can to refuse to settle. These are just a few they use on a regular basis.

Statute of Limitations

The statute of limitations is a legal concept that establishes a time limit within which a claimant must file a lawsuit or legal claim after an incident occurs. Florida’s statute of limitations is four years. If you fail to file your claim within the specified period, you could lose the right to seek compensation through legal action.

Individuals involved in an incident must know the statute of limitations applicable to their claim. Consulting with an attorney early in the claims process can help initiate all necessary legal actions within the appropriate time frame.

Lost Evidence

Evidence is the foundation of any insurance claim or legal case. It helps support the claimant’s version of events, establish liability, and quantify the damages suffered.

However, over time, crucial evidence can be lost, destroyed, or deteriorated, making it challenging to prove the claimant’s case. The insurer may claim you don’t deserve a penny because critical evidence is missing.

Preserving evidence as soon as possible after an incident is crucial. This includes photographs, witness statements, police reports, medical records, and other documentation relevant to the claim. Promptly gathering and preserving evidence helps ensure that it remains accurate, reliable, and admissible in legal proceedings.

An experienced personal injury attorney can guide claimants in preserving evidence and preventing its loss over time. Additionally, their legal team can use their resources to gather evidence from various sources to build a strong case.

Losing Your Will to Fight

Insurance companies know the emotional and financial toll that lengthy claims processes can have on claimants. By intentionally prolonging the negotiations or offering unreasonably low settlement amounts, insurers may attempt to wear down the claimant’s resolve.

Facing mounting medical bills, property damage costs, or loss of income can be overwhelming, and insurance companies may exploit this vulnerability to pressure claimants into accepting inadequate settlements.

Some claimants may become frustrated, discouraged, or financially strained, making them consider settling for less than their claim is worth.

Negligence victims need to remember their rights and the actual value of their claims. Seeking legal representation can level the playing field and provide support during the negotiations. An experienced attorney can advocate for the claimant’s best interests and ensure they receive fair compensation.

Your Rights When an Insurance Company Refuses to Settle

You’d like to think the at-fault party’s insurer would do the right thing and give you the money you deserve. Unfortunately, that’s not always the case. If the insurance company refuses to offer an equitable settlement, you must realize you have rights.

Insurance companies must handle claims promptly and fairly. If they unreasonably delay processing your claim or intentionally prolong the claims process, you have the right to challenge these tactics.

You can fight for what’s fair. The best way to do that is to get legal help as soon as possible.

Hire an Attorney

Hiring an experienced personal injury attorney is one of the most critical steps to protect your rights when dealing with an insurance company’s resistance to settle. An attorney can assess the strength of your claim, negotiate with the insurer on your behalf, and explore all available legal options.

You must do your due diligence when hiring a lawyer, however. There are some firms known as “settlement mills.” They’ll often accept unfair settlements to end a case quickly so they can move on to the next one.

Reputable law firms like the Jones Law Group will never do that. Don’t hesitate to ask the attorneys you’re considering as many questions as you can. You need to know how they handle settlement negotiations.

If They Still Refuse, Your Case Will Go to Trial

It’s typically in the best interests of all parties to settle the case. Neither side looks forward to going to court. It takes much more time and is typically much more expensive. Those are the main reasons why only about 4 percent of personal injury cases go to trial.

What Happens at Trial?

But that’s what will happen if settlement negotiations are unsuccessful. At trial, both parties present their evidence, witnesses, and legal arguments to establish their case.

During the trial, the judge or jury evaluates the evidence presented and determines the liability of the parties involved. If liability is established, they will also decide the appropriate amount of compensation, if any, to be awarded to the claimant.

Trials can be complex and time-consuming, involving legal procedures, expert testimonies, and cross-examinations. An experienced attorney will guide claimants through the trial process and advocate for their interests in court.

Contact Jones Law Group if an Insurance Company Won’t Settle Your Claim

Seeking legal representation from a skilled personal injury lawyer can protect your rights, ensure prompt action, and improve the likelihood of obtaining fair compensation for your damages and losses.

The Jones Law Group has a team of lawyers who will do everything they can to help you achieve justice. If you would like a free evaluation of your case, use our online form or call (727) 571-1333.

Heath Murphy

About the Author

Heath Murphy is a partner at Jones Law Group and focuses on personal injury law. He has been working as a lawyer for 18 years and routinely writes about auto accidents, wrongful death, and personal injury laws.

Read more: Heath’s Bio