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Getting attorney from insurance

Memphis, TN |

How do I get an attorney from my insurance company to handle a claim? I was in a wreck that I think the other party is at fault. They ended up making a claim on my insurance policy. My insurance agent called and talked like they would investigate it, i.e. get my statement, get other guys statement, look at the pictures from my car, etc. But they did state they may just pay the claim if it looks like they may persue it. Anyways, none of that investigation happened, and it now looks like they are in the process of paying the other parties claim. I guess they are just gonna pay the claim as it's cheaper on them and then to raise my rates. How do I fight this against my insurance company? Can I have them give me a lawyer? Or would I just sue my insurance company instead?

Attorney Answers 6


  1. I would hire a personal injury lawyer of your own. I cant tell if you are at fault or not but a lawyer can help you determine this. If you are at fault, then your insurance company will pay frr a lawyer to defend you against the other party.


  2. If you think the other driver was at fault and you were injured in the wreck, you need to consult with your own attorney. The insurance company will only provide you a lawyer if you get sued.

    Please note that my answering this question, does not in any way mean I represent you for this, or any other case. This answer is given for informational purposes and does not create an attorney-client relationship. Thomas R. Greer Bailey & Greer, PLLC 6256 Poplar Avenue Memphis, TN 38119 (901) 680-9777 http://www.baileygreer.com


  3. If you read your insurance policy, you will note that it allows your carrier to settle any claim without your permission. At this juncture, you do not need an attorney. I don't see how you could successfully sue your own insurance company to try to prevent them from paying any claim against you at the most cost-effective way for them to do it.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  4. Why would you want the insurance company not to resolve the matter and put closure on it? If you are upset with your insurance company, call them and explain why and ask for them to share with you the reasoning for their payout.


  5. Your insurance company provides you an attorney only if someone pursues a claim against you. They do not represent you to recover compensation from the other driver. Keep in mind an attorney for your insurance company is looking out for you, but probably only to the extent the insurance company is protected, and likely not much further. You need your own counsel to deal with the extent of your own damages.


  6. If the accident was not your fault, and you sustained injuries, retain one of the above lawyers in your state to investigate a possible claim.

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