When to Lawyer Up Against Your Insurance Company

Navigating the rocky terrain of insurance claims often feels like a one-sided ball game, with the insurance company holding all the cards. Even when you believe you're in the right and your claim is legitimate, you may find yourself battling for fair treatment and your due compensation. It's a situation that can turn from frustrating to surreal very quickly.

But at what point does your situation require legal reinforcement? The short answer? The sooner the better. That’s because when you call in legal counsel can mean the difference between a swift claim resolution and a protracted, uphill battle. Here are the signs that it's time to consider legal representation.

1. Compliance Complications

Filing an insurance claim is a meticulous task where one wrong move or the right move made out of order could invalidate your entire submission. Insurance policies are complex documents that outline your responsibilities and the terms under which the insurer will meet its obligations, and it’s not the company’s job to explain to you what it means.

If you find that your insurer is dragging their feet or rejecting your claim on a technicality, it's a warning sign. The right attorney can help you comb through the policy, ensuring that you do everything by the book and that the insurer is held to its obligations as well.

Navigating the Fine Print

“The big print giveth, but the fine print taketh away…” -Professor Thomas Cady, WVU College of Law, 1994. Fine print is where insurers often wield their power, pointing to obscure clauses or new interpretations of generic terms to deny claims. An attorney skilled in insurance law can decipher these cryptic documents and strategies, ensuring that your insurer doesn't use them to run circles around you.

2. Delays in Processing

The adage "time is money" is especially poignant when it comes to insurance claims. Any unjustified delay in processing your claim compounds stress and can lead to financial hardship if you're relying on it for urgent repairs or medical bills.

When Time Becomes the Enemy

When weeks turn into months and months turn into seasons, you know you're in a battle against a bureaucratic behemoth. A lawyer can help add a sense of urgency to the proceedings and hold the insurer accountable for every lost day.

3. Unwarranted Denials

One of the most soul-crushing outcomes for a claimant is an unwarranted denial by the insurance company. This is particularly galling in cases where the evidence in support of the claim is clear and undisputed.

Fighting Back Against Naysayers

An attorney can draft legal letters, negotiate with adjusters, and eliminate irrelevant distractions where necessary to ensure that denial is based on sound reasoning and not on the whims of the claims department.

4. Offer That's Too Low

While insurance companies are notorious for delays and denials, they are also known for low-ball settlement offers. They're gambling that you'll take a fraction of what's owed to avoid the hassle of a prolonged legal dispute.

Worth the Fight

A lawyer, armed with knowledge of what's reasonable, can push back and negotiate a fair settlement that reflects the true value of your claim.

5. Complex Claims

Some claims, especially those involving severe injuries, extensive property damage, or policy limits, are inherently complex. In these cases, the stakes are high, and mistakes are even more costly than usual.

Calling in the Experts

An attorney who specializes in the type of claim you're dealing with can provide the nuanced legal advice and representation necessary to achieve the best possible outcome.

6. Verbal Stops and Starts

If your claim is being handled in a peculiarly disorganized or chaotic manner, with verbal commitments made and broken, it's a red flag.

The Power of a Recorded Conversation

An attorney can help keep the process on track, insist on clear and documented communication, and ensure that any promise made by the insurer is one that is kept.

7. Disputes Over Liability

When fault or responsibility is in question, insurers may push back. This is common in auto accidents, where fault can be contentious.

Establishing the Truth

Legal professionals can help gather evidence, including witness statements and expert opinions, to establish a clear picture and defend your position.



When dealing with an insurance company, it's much like a poker game where the stakes are high and the house always seems to win. But remember, the law is meant to be the great equalizer. If you find yourself outgunned and outmanned in the face of an unreasonable insurance company, know that the right attorney can be your ace in the hole. Contact our office today, because at Higinbotham & Higinbotham, the legal representation we can provide is a vital tool in your claim handling arsenal.