My Insurance Company Did Not Give Me Enough To Fix Hurricane Ida Damage to My Home. What Can I Do if I Don’t Want To Use a Lawyer?Posted on: August 10, 2022
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The Louisiana Insurance Commission created a mediation program for claims of $50,000.00 or less.
Mediation is a way to work out a dispute without going to court.
Think about these things to decide whether to mediate your claim.
- It is usually best to find a lawyer with experience with your kind of issue, if you can.
- There are deadlines to file a court case. Using mediation does not give you more time to file a court case.
- There are special penalties for insurance companies who do not act in good faith or use “fair dealing.” Often these special penalties can pay enough for a lawyer to take a case.
- Using a lawyer who knows about insurance claims may get the insurance company to agree to pay more on your claim.
- If your claim is smaller or has problems, it may hard for you to find a lawyer.
- If you can’t find a lawyer to help you, something called “mediation” might help.
- Not everyone can find or afford a lawyer.
Here are things to know about the Louisiana Insurance Commissioner’s Hurricane Ida mediation program:
- Mediation means that there will be a neutral person who will hear from both you and the insurance company cand try to help the two of you come to an agreement.
- Mediation under this program costs a flat fee of $600.00. The insurance company pays that fee, unless both parties otherwise agree.
- Mediation only happens if both you and your insurance company agree to mediation.
- The mediator will work with both sides to try to get everyone to agree on a result.
- For the result to be final you and your insurer must reach an agreement in writing.
- You are not required to agree to anything.
- If you can’t work out the dispute, you can stop the mediation.
- You can try other ways to work things out with your insurance company, including filing a lawsuit. You must file a lawsuit before any legal deadline.
- The mediation offered by the Louisiana Insurance Commission ends December 31, 2022.
To start mediation you call or email one of these companies:
- Professional Systems https://maps-adr.com (504) 831-2141 or
- Perry Dampf Dispute Solutions https://www.perrydampf.com/ (225) 389-9899.
Mediation is not the right choice for everyone.
- If you believe insurance should have paid more than $50,00.00, your case does not qualify for this mediation program.
- If you really feel you will not be able to convince the insurance company to pay more on your claim, you may need to find a lawyer to consider taking other legal action.
** Southeast Louisiana Legal Services does not represent people for insurance claim disputes.
More questions? Go to the Louisiana Department of Insurance’s website:
- Program homepage: https://www.ldi.la.gov/hurricane-ida-voluntary-mediation-program
- Mediation Tips: https://www.ldi.la.gov/docs/default-source/documents/publicaffairs/pressreleases/formatted-mediation-tips--for-consumer-advocacy-events.pdf?sfvrsn=e36e4c52_0
- Frequently Asked Questions (FAQs ): https://www.ldi.la.gov/docs/default-source/documents/publicaffairs/pressreleases/formatted-q-a-mediation-program---for-consumer-advocacy-events.pdf?sfvrsn=1d6e4c52_0