Is Expecting Fair Treatment From an Insurance Company Expecting too much?

One of the things most of my new or prospective clients tell me is “We are not sue happy people” or some variation on that theme. Thankfully almost no one is “sue happy”. The myth of the sue happy American is just that, myth. Suing someone is a big deal. It is not something to take lightly. Even if there are sue happy folks, very few attorneys will have anything to do with an unjustified lawsuit so their happiness will be short lived.
It does seem the insurance industry is sue happy these days. Offers in most cases are far from fair. Also the insurers force you to engage in protracted litigation at significant cost in time and expense.
Gone are the days when every under insured motorist policy allowed you to save time and money by arbitrating your case. However, the insurance industry knows that juries almost always award less than panels of professional claims adjudicators. When it comes to income loss juries are particularly tightfisted. You might want to look in your own policy. In the under insured motorist section look for the “if we can’t agree” section and see what you have to do when they deny your claim, can you arbitrate, or do you have to sue them? If there is nothing there or if the words “agree to arbitrate” appear you will have to file a lawsuit. State Farm, California Casualty and many others will routinely remove your suit to Federal court, doubling down on the expense they force you to incur to get fair treatment.

When another driver ignores the rules of safety on the road and injures someone else we only have one way to help the injured party, money damages. If those who ignore the rules are allowed to get away without paying full compensation then the rules that protect us all are weakened, and we are all less safe as a result.

Insurers today spread the myths and memes they have created to bolster their bottom line. One such myth is the myth of the “sue happy” American. In reality, those who bring lawsuits to enforce the rules and protect public safety are acting in the best interest of the community.