Written by attorney Ian Gordon

How to navigate your way through the insurance company maze

If you are injured and need to make a claim for injury to the insurance company, do you know how to get the most money from your claim? You probably have read or heard, especially those expensive ads you see on TV, that the insurance company is there to help you. It is not.

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Remember, when you are dealing with an insurance company in a claim, the insurance company has two obligations. It has a duty to indemnify (pay) for the conduct of its insured, but also has a duty to defend it's insured. This obligation is many times lost on claimants, and also on the insurance company itself. For example, the insurance company cannot just decide it won't pay a claim if doing so will prejudice the rights of its insured. This may seem an odd concept, but if an insurance company puts its insured at risk for a personal judgment by not settling a claim, then the insurance company would violate that duty to properly defend its insured by not settling your claim for an appropriate amount. This puts you as the claimant in a much better position to obtain a higher settlement.

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