Are there any options for resolving a dispute with my insurance company other than suing the company in court? Arbitration?Some insurance policies contain a provision allowing or requiring arbitration of certain disputes between the insurance company and the insured, and this may include disputes regarding certain types of claims. "Arbitration" is a procedure for resolving disputes by use of neutral, private individuals ('arbitrators") as an alternative to a lawsuit, and it often is a cheaper and faster method of resolving contract disputes as compared with a court proceeding. This procedure usually is not available unless specifically stated in the policy or unless the insurance company and policyholder mutually agree to submit their dispute to arbitration.I was injured in an accident with a rental car, and the driver was not on the contract. Can I get the rental agency to pay?If agents knowingly rented to an unauthorized driver, the rental company may be liable for your injuries. But agencies are usually quite strict about getting the names of all potential drivers onto the contract.The other driver should have his or her own car insurance coverage, and you can make a claim against that policy.If you have uninsured motorist coverage, you may be able to use that to pay for your injuries.While riding my motorcycle, I was hit by a guy running a red light. His insurance company wants access to all of my medical records, including records from before the accident. Do I have to give the company the old records?Not unless there is a lawsuit. During the claims process, the insurance company is entitled to investigate only the injuries you suffered from the accident, or injuries you claim are worse because of the accident.If you allow the opposing insurance company access to your records, read the form before signing. Cross out or rewrite any wording that grants access to your entire medical history.If there is a lawsuit, you may have to turn over all your medical records related to the injury or that could be related to the injury. For example, if you hurt your arm, you would probably have to give up old records about a broken arm, but not about a tonsillectomy. On unrelated matters, you are entitled to medical privacy. An experienced auto accident attorney can help.Can I cancel my policy at any time and will there be a penalty?As a general rule, a policyholder may elect to cancel an insurance policy at any time by giving notice to the insurance company. In some cases you may be required to return the original policy or sign a "policy release", and of course you will be responsible for any premium earned through the date of cancellation.Sometimes there are financial penalties for early cancellation by the policyholder. Most property and liability policies require what is called a "short rate" penalty when a policyholder requests cancellation, which means that the company retains a disproportionate amount of the premium. For example, if you have a one year policy and you request cancellation after six months, the "short rate" penalty would allow the company to retain more than one-half of the annual premium. Also, many types of life insurance policies and annuities impose "surrender charges" if they are canceled before they have been in effect a certain number of years. A policy must clearly describe any applicable cancellation penalties or surrender charges.Lawsuit for breach of contractAn insurance policy is a contract between the insurer and the insured. If the insurance company fails or refuses to pay a claim which should be paid under the terms of the policy, it is in breach of the contract, and the insured can pursue all available legal remedies for the breach. This usually involves filing a lawsuit against the insurance company. If successful, the insured will be able to recover its damages, which at least will equal the amount the insurer should have paid under the terms of the policy. Depending on state law and the circumstances of a specific case, damages may also include other expenses that were incurred because of the breach as well as costs of the lawsuit.
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