by Long Island Attorney Paul A. Lauto, Esq.
One of the largest expenses we all face each year is paying for insurance. There is car insurance, homeowner’s insurance, renter’s insurance, life insurance, health insurance and disability insurance to name a few. We reluctantly pay our ever increasing premiums year after year, often without incident. Then when the time comes that an unfortunate car accident occurs or other type of claim arises, many people hesitate to have an attorney make a claim on their behalf with the insurance company or never make a claim at all. Some people believe that if they make a claim, their insurance rates will increase and some believe it’s unethical or improper to bring a claim.
When we pay for insurance a contractual relationship exists between the parties. We agree to pay a specified premium in exchange for a specified amount of protection, should we have cause to make a claim. The relationship is not one way in nature, but instead is based upon a give and take relationship. If for example you are injured in a car accident through no fault of your own, this should be deemed a “non-chargeable” offense by the insurance company. Accordingly, your rates should not increase as a result of the accident or any claim you bring with No Fault or the tortfeasor’s insurance company. The insurance companies fully expect you to make a claim after a car accident, because that’s why you pay your premiums and that’s what car insurance is for. The only impropriety in bringing a claim, is when the claim is false or fraudulent in nature.
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