Private members-only forum

Attorney Fee Dispute — insurance company denying valid claim

Started by confused_tenant_question · Jan 27, 2025 · 1,686 views · 18 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CT
confused_tenant_question OP

Has anyone dealt with something like this? I'm not sure what my options are.

insurance company denying valid claim. I've been dealing with this for about 8 weeks now and the situation isn't improving.

I have already consulted briefly with a lawyer but did not get a clear answer.

What are the risks if I pursue this? What's the likely timeline?

AF
asking_for_friend_creator_MA

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

FH
frustrated_homeowner_OH

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

TL
Mod_TermsLaw Moderator

I specialize in this area of law. Here's my take on the legal issues.

The legal framework here involves both federal and state law. At the federal level, the relevant statute. Your state may provide additional protections.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

ES
eComm_Seller_2022

I've seen this play out several times in my field.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

LT
LandlordTom_TX

Not a lawyer, but I have direct experience with this.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

DS
DevOps_Seattle

Been there. Here's what I learned.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

CB
confused_business_owner_TX

NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.

RL
RetiredLawyer_FL

I've dealt with this before.

What worked for me was having everything documented. It took 3-6 months but was worth it.

DW
desperate_worker_legal

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

PN
Photographer_NYC

I went through almost the exact same thing.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

IG
InsuranceGuy_FL

Been there. Here's what I learned.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

AT
anon_trader_2025

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

AB
AgentBroker_TX

Not a lawyer, but I have direct experience with this.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

HM
help_me_contractor_NC

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

FT
first_time_creator_advice

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

SB
SmallBizOwner_NYC

Not a lawyer, but I have direct experience with this.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

CA
ConsumerAdvocate

I went through almost the exact same thing.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

IC
InsuranceClaimFighter_TX

I fought a denied homeowner insurance claim for 8 months and eventually recovered $47,000. My claim was for water damage from a burst pipe during a winter freeze. The insurer initially denied it, claiming the damage was due to lack of maintenance rather than a sudden event.

The first thing I did was request the full claims file under my state insurance regulations. In Texas, under Insurance Code Chapter 542 (the Prompt Payment of Claims Act), insurers must acknowledge claims within 15 days, investigate within 45 days, and either pay or deny with a written explanation. If they fail to comply, they can be liable for 18% annual interest on the claim amount plus attorney fees.

I then hired a public adjuster who re-evaluated the damage and submitted a revised estimate significantly higher than the insurer initial assessment. The public adjuster charged 10% of the recovered amount but identified $23,000 in additional damage the insurer adjuster had missed or undervalued.

When they still would not pay the full amount, I hired an insurance bad faith attorney on contingency. The attorney sent a demand letter citing the Texas Deceptive Trade Practices Act and the Insurance Code bad faith provisions, which allow treble damages for knowing violations. The insurer settled for $47,000 within three weeks of receiving the letter.