Is your insurance company supposed to represent you?

Asked by: Jessika Hintz Jr.  |  Last update: June 27, 2025
Score: 4.3/5 (41 votes)

It may seem like your insurer is looking out for your best interests by hiring an attorney for you, but this really isn't the case. You should know that your insurer is required to provide legal representation to their insured, and that you, as a policyholder, actually pays for this defense as part of your policy.

Will my insurance company represent me?

Almost every insurance policy has a provision that the insurance company will defend you in the event of a lawsuit, so the insurance company will hire and pay for a lawyer to defend the case against you. This lawyer will represent you and report to the insurance company.

Is it better to use your insurance or theirs?

After a car accident, you should notify your insurance company and file a claim, and not deal with the other driver's insurer. Except in rare circumstances, it is not wise to contact them. Your insurance company represents you, and the other driver's insurance company represents them.

Who represents an insurance company in an insurance transaction?

Insurance agents generally represent insurance companies while insurance brokers represent buyers. An insurance agent is typically associated with one or more insurance companies and sells policies on behalf of those companies. Insurance agents have the ability to complete the insurance transaction and bind coverage.

Do I have to speak to the other insurance company?

You are not legally required to speak with the other driver's insurance company or give a recorded statement. They often employ tactics to use your statements against you, potentially minimizing your payout. You should report the accident to your own insurance company.

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Can you argue with your insurance company?

You can ask that your insurance company reconsider its decision. Insurers have to tell you why they've denied your claim or ended your coverage. And they have to let you know how you can dispute their decisions.

Why does the insurance adjuster want to meet with me?

After you file a claim, the adjuster will contact you about the accident. They are looking for facts about the case to determine whether you are entitled to a settlement and for what amount.

What if my insurance agent makes a mistake?

Making mistakes.

An agent owes a duty to use reasonable diligence and care in conducting business with its insurers. An insurer may be held liable for an agent's error in processing an insured's request for coverage, but the insurer may then have a right to seek indemnification from the agent.

What is not a responsibility of an insurance agent?

Insurance agents are not generally liable to consumers when an agent: Is negligent in performing job duties on behalf of an insurance company. Fails to recommend additional coverage to a consumer. Fails to purchase additional coverage for a consumer without that consumer's request.

Do insurance agents lose money on claims?

Generally, insurance agents don't lose money if clients make a claim.

Should I file an insurance claim if I am not at fault?

Always File a Claim, Regardless of Who Was At-Fault

One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.

Does your insurance go up if someone hits you?

If you are involved in an accident and file a claim, even if it was not your fault, your insurance company may see you as a higher risk to insure and increase your rates. Consider speaking with a licensed insurance agent to see how much insurance could increase after an accident where you're not at fault.

Can my son drive my car if he is not insured?

Most insurers cover someone else driving the policyholder's car with their permission once in a while. But, if you're going to start driving one of your parent's cars regularly, you'll need to be added or named on their auto insurance. You can't legally drive your parents' car without any insurance at all, either.

Can I sue my insurance company for emotional distress?

Yes, you can sue for emotional distress under the common law standard, but it can be hard to prove. This is because you must show that the result of your claim denial caused you pain and suffering or emotional distress. This intangible loss can be more difficult to prove than, say, the cost of medical bills.

Do you lose no claims if not your fault?

When you make a non-fault claim, your no-claims bonus could be affected while your insurance provider investigates who's at fault. However, if they confirm that you're not liable and they're able to fully recover their losses from the other provider, your full no-claims bonus should be reinstated.

Do I pay excess if I am not at fault?

You pay the excess in the event of any claim made on your insurance policy regardless of who is to blame. However, if it's proved the accident was the other person's fault and the full cost is recovered from their insurer, you may be able to recover this amount.

What is the insurance company obligated to do?

California law imposes a duty of good faith and fair dealing on insurers. This duty requires insurers to act in a fair, honest, and reasonable manner when handling claims. Insurers must not intentionally or unreasonably delay or deny valid claims.

Who is above an insurance agent?

The underwriter has the authority to determine if the insurance company will insure someone and at what price. So, while not having authority over the agent, the underwriter can impact the agent. Usually they try to work together.

Do insurance agents have a boss?

As an insurance agent, you are your own boss. You set your own hours, and you're responsible for growing your business how you want.

How do I fight back against insurance companies?

With a lawyer handling the legal intricacies, you can focus on recovering from your injuries. Hiring an experienced personal injury lawyer is the best way to stand up to insurance companies and fight for the full compensation you deserve.

What is the most common crime committed by insurance agents?

Premium Theft

The theft of insurance premiums is the most prevalent type of misconduct in the agent/broker arena. Illegal conduct ranging from single thefts to multi-million dollar scams victimizes consumers, the insurance industry and competitive businesses.

Is it easy to change insurance agents?

Guide to Transferring Insurance Agents

Once you've decided to make the switch, the transfer process is relatively straightforward. You'll typically need to submit all of your policy numbers (for car policies and any others you'll be moving over) and renewal dates and file some paperwork for a relatively quick process.

What not to say when talking to insurance adjuster?

Some key phrases to avoid saying to an insurance adjuster include: “I'm sorry.” “It was all/partly my fault.” “I did not see the other person/driver.”

Should you talk to the other person's insurance company?

You are not legally obligated to speak with the other insurance company's representative or provide them with any information. Politely decline to discuss the specifics of the accident or your injuries and inform them that any necessary information will be provided through your car accident lawyer.

How do I argue with my insurance adjuster?

Negotiate Respectfully But Firmly

If an adjuster offers less than you believe is fair, don't be afraid to push back. Voice your disagreement calmly and respectfully. Explain your reasoning and provide evidence to justify asking for a higher settlement. Make a reasonable counteroffer based on your documentation.