If you’re not satisfied with your insurance company, you can file a complaint. Delays, unsatisfactory settlements and claim denials are among the most common reasons people file complaints against their insurers, according to the National Association of Insurance Commissioners (NAIC).
And if you’re worried your complaint might fall into an empty void, you might take some comfort in knowing that 29% of complaints against insurance companies resulted in a compromised settlement or resolution. One-fifth (20%) of complaints led to the company position being overturned, according to the NAIC.
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6 Ways To File a Complaint About Your Insurance Company
If you want to complain about your insurance, here are the most common options:
- Contact your insurance agent.
- Write to an executive at the insurance company.
- Ask a third party such as an ombudsman to help with your dispute.
- File a complaint with your state department of insurance, which regulates insurance activity and insurer compliance with state laws and regulations.
- Seek arbitration if that is an option in your policy.
- File a legal claim against the insurer in court.
Want to Complain About Your Insurance Company? Start Here
If you bought your policy through an agent, you can try to enlist that person as an advocate to help with your complaint.
“If you are having difficulty getting payment you are owed or any other trouble, your first line of defense is your local agent,” says Corinne Kligmann, a partner at Lift Financial, a financial advisory firm in South Jordan, Utah. “Their interests lie with yours, not with those of the insurance company. They can be a great ally and they are by far the easiest way to reach a good outcome.”
If that doesn’t work, Kligmann recommends contacting the agent’s manager. “That’s the next step up to navigate the process. If your agent can’t help you, there is nearly always a manager to speak to for help. In most cases, it does not need to go any further than this,” she says.
Appeal to an Executive
Next, talk to your insurance company.
Insurance companies have an appeal process that you should follow before you call for outside help. While your insurance company may not volunteer information about the appeals process, you should ask about it before filing a complaint to an outside party.
Some insurance companies may have appeal options buried on their websites.
Depending on the insurance company, you may be required to submit an appeal in writing, and you typically must appeal a denied claim within a certain period, such as 180 days.
Complain to an Ombudsman
Some state departments of insurance have an ombudsman—basically, an on-staff advocate—who can try to resolve your complaint.
If you can’t resolve your issues with your agent or the manager of the company, contacting the ombudsman can be a wise next move.
For example, California’s Department of Insurance has an ombudsman tasked with ensuring the department “provides the highest level of customer service to our consumers, insurers, agents, brokers, and public officials.” New Jersey’s ombudsman helps consumers with issues related to insurance availability, claims processing, coverage questions and other matters related to insurance consumer education and assistance.
If the ombudsman approach doesn’t work, you can also consider taking your complaint public. A plea for help on social media may get your insurance company’s attention.
“This way, you can make it known to other consumers the way that the company handles problems so that they may skip that company when seeking insurance,” says Rick Sabo, an expert on insurance and investment fraud who owns an independent financial planning firm.
File a Complaint with State Regulators
States regulate insurance companies, thanks to the McCarran-Ferguson Act, a 1945 federal law that exempts the business of insurance from federal regulation.
State insurance departments are the official complaint-takers for insurance problems.
“They will generally engage in an investigation of the matter,” says Dennis Sawan, a personal injury lawyer in Toledo, Ohio. “They will also permit the insurer to explain their view of the situation. Upon adjudication, the body will either certify that no insurance law was broken, or if an insurance law was broken, will refer it to the market conduct division for enforcement.”
Complaints to a state insurance department aren’t guaranteed to work. In Ohio, the department of insurance explicitly says it will not force a company to satisfy you if no laws have been broken, even if you believe the company or agent has not been fair.
Each state insurance department divides the number of complaints by company’s share of premiums and calculates a complaint ratio. The higher the complaint ratio, the higher the level of complaints.
The NAIC has a tool for finding complaint ratios for insurance companies. The industry average ratio is always 1.00, so any ratio higher than 1.00 indicates an above-average level of complaints and a company to possibly avoid.
Michael McCready, managing partner at the personal injury law firm McCready Law in Chicago, says that in his experience, a company’s complaint ratio has a direct correlation to the quality of the company. “There are substandard carriers who do not even answer the main phone line,” he observes.
Take Your Complaint to Arbitration
Arbitration may be an option for some issues.
“Your policy will state how or where disputes will be handled,” says Marc Fitapelli, a partner with the New York law firm MDF Law. “There is a growing trend towards arbitration. However, arbitration is only available if the policy explicitly requires it. If the policy is silent, then the parties will have to litigate in court.”
There are two types of arbitration:
- Binding
- Nonbinding
“With non-binding, you can disagree with the arbitrator’s decision and file a lawsuit,” explains Adria Goldman Gross, an advocate with MedWise Insurance Advocacy. “Insurance companies usually mandate a binding arbitration on their policies—if they allow any arbitration at all.”
Hiring a Lawyer
Sometimes you need the help of a professional who is used to dealing with insurance companies. That’s when to call a lawyer for an insurance problem.
You might find you need one, especially if you have a large, expensive claim, or a complex claim.
If your claim seems to be going south, it’s better to engage an attorney earlier in the process rather than waiting for a denial.
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