Insurance claims can be challenging to navigate. Denial of a claim falls into two categories: first party denials and third party denials.
A first party denial originates from the insurance company that insures you. Even if you didn’t purchase the original policy, the facts of the case may dictate that you’re covered by the policy. A common instance of this happening is if you are a passenger in an automobile driven by a friend. Even though your friend purchased the policy, you become insured by being a passenger in their vehicle.
A third party denial originates when the injured person is not insured under the policy, but puts a claim against the insured under their policy when that insured party has been responsible for their injuries.
A Modesto insurance claims attorney is essential for you to assert your rights. Even though the law states that insurance companies have a duty to act fairly and in good faith to settle claims (regardless of you being a first party or third party claimant), the California Supreme Court has ruled that individuals do not have a right to enforce these laws. That’s correct – the very people the law was designed to protect cannot individually remedy their situation (Moradi Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287, 758 P.2d 58).
Often, this means the only remedy available to individuals is to bring a lawsuit against the insurance company. No matter what stage your claim is in, you should contact a Modesto insurance claims attorney who can advise you on how to navigate this challenging area. Call the Imburg Law Firm today at (209) 577-6666.