Once individuals contact their insurance company about property damage or other losses, the insurance company will send a claims adjuster to assess the damage and decide on a settlement amount. To obtain support, the claimant may hire a public adjuster, who may assist by analyzing the damage and negotiating an appropriate settlement, based on the claimant’s coverage.
A public adjuster is a licensed professional who has been trained to evaluate insurance policies, prepare claims, and obtain compensation for the claimant. Public adjusters can be extremely helpful when beginning the initial stages of making a claim. Most charge for their services on a contingency fee basis, so claimants won’t have to pay them anything unless a settlement is reached. Others, however, may still expect a percentage of the proposed claim, so discussing wages with the public adjuster before retaining their services is a good idea.
In the event that the insurance company is not agreeing to a fair settlement, the claimant may want to pursue litigation, which will require the services of a lawyer. Public adjusters and lawyers that are working together will usually provide the best outcome for the claimant. While the lawyer can protect the claimant’s right in a courtroom, the public adjuster can do the leg work and may even find additional damage that should be covered. Working together, the public adjuster and the lawyer can each use their specific skill set to the victim’s benefit.
A public adjuster cannot sue an insurance company, so an attorney’s involvement at this point is absolutely vital. If an insurance company acts in bad faith, then a public adjuster has no leverage to use against them. By partnering with an attorney to take on the case, the claimant may then begin a lawsuit. Without an attorney, the public adjuster may settle for a claim much lower than the victim deserves or perhaps even get nothing.
It is important to note that if the insurance company accepts your claim and provides a fair settlement from the outset, no public adjuster or insurance attorney is needed. If the insurance company denies your claim, offers a settlement lower than what you deserve, or acts in bad faith, then you should obtain legal assistance. An experienced lawyer will review your case and make sure that all is in order before litigating. Large insurance companies often take advantage of claimants that do not have the resources to stand up for themselves. An attorney will protect their client’s rights from unethical insurance agencies and make sure that a fair settlement is negotiated.
Before hiring a public adjuster or an attorney for representation, a claimant should be sure to fully research their background and successes. Only retain services from individuals who have proved themselves to be ethical and effective.
ABOUT THE AUTHOR: Luis A. Mena
Luis A. Mena, a Miami litigation attorney, has been in the insurance legal field for over 15 years. He is known as one of the top lawyers in the state, having received an AV Preeminent® rating by Martindale-Hubbell® and been named as one of the Florida Super Lawyers®. As a former insurance defense attorney, he saw the tactics that insurance companies use to deny claims. He decided to work for the claimants, using his unique perspective to better protect their rights. His insurance litigation firm is located in Miami and he provides personalized service and tailored solutions for each client.
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