Mitigation of damages is a concept that is used in both Tort and Contact Law. This concept explains when there is a loss (either a tort or a contract breached), the party that has been wronged will have an affirmative duty to do whatever they can do avoid even a bigger loss.
For example, if Mr. [...]
Canceling coverage is one of those issues where insurance companies differ. If you do not pay your bill, cancellation of coverage is eminent. That is clear. But once you have a claim, then the insurance company will play a different game.
Insurance carrier cannot cancel coverage and tell that that the claim will not be covered. [...]
How does an insurance adjuster establish fault? Fault is based on the elements of negligence (duty + breach + causation + damages). But how does s/he determine that these elements exist.
Traffic laws are essential to determine duties. But more important that evidence found on the traffic codes is the actual accident evidence left behind the [...]
A bodily injury reserve is a movement of money from one account to another made by the insurance carrier. They move the money from the “Assets” account into the “Liabilities” account. The insurance company must reflect for money that it will pay out to settle claims. This money is a liability because you (the injured [...]
The answer really is depends. Going to arbitration is a cheaper alternative than going court. The down side is that most arbitration awards are no appealable (meaning if you lose, you lost). So in many ways this can be a complete gamble.
Arbitration is almost a guarantee when there is a dispute between two insurance companies. [...]
Accident diagrams can change the view of an adjuster, a judge, or an arbitrator. Some accidents are very hard to explain, they are confusing and you cannot just relate everything in a recorded statement. Most insurance adjusters just listen to you and they make a decision based on what they believe they understood out about [...]
So you are in an accident and you feel like a train ran all over your back. You cannot miss work and you show up at the office. You put up with the pain for 3 days until it goes away. Where you injured? The insurance adjuster will tell you no. Or at least [...]
You have an affirmative duty to help your insurance company. There are clauses in your policy that requires you to help your carrier handle the claim and help to recuperate any monies that they paid.
This duty to cooperate is important because insurance carriers could claim that since you did not follow the terms of they [...]
Learning how to read the police report is critical. If you do not understand what the police report says ,then the insurance adjuster can omit important information that affect your claim and/or case.
The “big” issues are usually outline in the portion where the officer actually writes the testimony. Remember that the written out report is [...]
