Engineering reports often determine whether a business insurance claim is paid or denied. Since these reports are usually commissioned by insurers, they can sometimes favor the company by citing wear and tear, pre-existing damage, or uncovered causes. An Insurance Claims Lawyer in Houston can help business owners challenge these findings, protect their rights, and pursue the compensation they deserve. Fortunately, there are clear steps you can take to dispute a biased or inaccurate report.
Hire Your Own Experts
Hiring independent professionals is one of the most effective ways to counter an insurer’s engineering report. These experts work for you, not the insurance company, and can provide an unbiased perspective on the damage.
- Public Adjuster: Reviews your claim, identifies errors, hires independent specialists, and negotiates a fair settlement.
- Independent Engineer: Performs an objective inspection, provides a second opinion, and conducts more detailed testing if necessary.
- Insurance Attorney: Particularly valuable for high-value or complex claims, they can interpret technical findings, engage additional experts, and represent you if legal action is required.
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Obtain and Scrutinize the Insurer’s Report
You have the right to request a copy of the engineering report from your insurer. To do this, contact your insurance company or claims adjuster and ask for the entire claim file, which should include the engineering report, estimates, and other relevant documents. Be aware that it may take some time to receive the report, so it is best to request it as soon as possible.
- Check the Facts: Look for inconsistencies between the report’s findings and the actual damage.
- Identify Bias: Research the engineer or their firm for patterns of favoring insurers.
- Assess Methodology: Ensure proper standards were followed and question any flawed or incomplete testing.
Gather Evidence and Documentation
Collecting strong evidence can help you counter an inaccurate engineering report. This documentation supports your position and creates a clearer picture of the damage.
- Photographs and Videos: Capture the extent of the damage as soon as possible.
- Repair and Maintenance Records: Show a history of proper upkeep to refute claims of neglect or pre-existing damage.
- Independent Estimates: Obtain repair estimates from reputable contractors to support your claim amount.
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Explore Formal Dispute Resolution
If negotiations with your insurer stall, there are formal steps you can take to resolve the dispute. Many policies include options that allow for further review or mediation.
- Dispute the Claim: Use your policy’s formal dispute process to request reconsideration.
- Arbitration: Have a neutral third party evaluate the claim and issue a decision.
- Mediation: Negotiate a fair resolution with the help of an impartial mediator.
Understanding how to respond to a denied business insurance claim is critical when disputes arise. Taking formal steps such as arbitration or mediation not only helps move the process forward but also ensures your rights are protected throughout the claim. By acting quickly and following your policy’s procedures, you increase your chances of reaching a fair resolution.
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Legal Recourse for Bad Faith Practices
If your insurer knowingly uses a biased or fraudulent report to deny or reduce your claim, you may have grounds for legal action. Bad faith practices can include failing to investigate thoroughly or ignoring your independent evidence.
- Evidence of Bad Faith: Gather proof of inadequate investigation or deliberate use of biased reporting.
- Licensing Board Complaints: File a complaint if the engineer acted unethically or dishonestly.
- Legal Counsel: Consult an attorney to explore whether your case qualifies for a bad faith lawsuit.
If you suspect your insurer acted improperly, consulting a Bad Faith Insurance Lawyer in Houston can help you understand your options and pursue legal remedies. These attorneys can evaluate whether your claim involves bad faith practices, gather necessary evidence, and guide you through potential litigation or settlement. Taking prompt action ensures your rights are protected and increases the likelihood of a fair outcome.
Get Help from an Insurance Claims Lawyer
Our Insurance Claims Lawyers are experienced in negotiating with insurers and challenging biased engineering reports on your behalf. We’ll gather evidence, review your claim thoroughly, and take legal action if necessary to ensure your business receives the compensation it deserves.
Reach out to our team at Barcus Arenas, PLLC, today. Our dedicated attorneys offer knowledgeable guidance and strong advocacy, and we’re ready to help you move forward after a denied or reduced business insurance claim.
Call or text (800) 941-1041 or complete a Free Case Evaluation form
