Page 8 - Sonoma County Gazette December 2017

Getting Help after the Fire
One option all re victims have when working with an insurance carrier
is to hire an attorney. All purchasers or legal services should take the time
to educate themselves about the di erent types of attorney client fees arrangements. This will dispel some stereotypes such as an attorney will cost an arm and a leg.
By Eric Carlson
The impact of a speci c traumatic event, such as a re, has life-changing
repercussions. The questions that often arise is what can the various support services do for those whose life-course is damaged. We all can see the visual damages from the res, however this community waits while agencies such
as CalFire complete their investigations to state the theories of causation. The reports from these investigations will provide some answers that are part of the keys to the process for the provision of bene ts.
Also, there are reputable legal services available such as Legal Aids for those who lack resources. Those in the process of collecting bene ts should also be wary of persons illegally practicing law or those providing legal services without a license.
While cogs of these agencies turn hopefully in unison, the citizens that are experiencing the very personal e ects of this disaster are waiting for monetary relief. For those lucky enough to have re insurance, the rst question that should be asked is: what is my insurance carrier going to do for me now?
It is important to understand the re- lationship with an attorney including cost is directly driven by the contract between the parties. A speci c narrow cost e ective service an attorney
There is an implied obligation of good faith and fair dealing between the parties to an insurance contract. In the context of this relationship, an insurance carrier must act reasonably. Some duties de ned under the California statutes and case law which an insurance carrier shall perform are:
can provide is drafting of forms. An attorney can attempt to shape the statements of the victim into language that creates a greater probability a car- rier may pay. All lawyers are trained to remind their clients that even after hiring an attorney there is never a guaranteed outcome.
to inform an insured party of their rights; to properly investigate the claim;
to accept a reasonable settlement o er;
to pay a covered claim.
It is important to remember that insurance companies are corporations with procedures, rules and laws to fol- low. They are not human beings with whom you can tell your story and hope they respond as people who care. Yes, there is always a human on the other end of the phone, however, the procedures that person has to follow
The re victims that are working with any
insurance carrier, including a third party’s car-
rier, should always understand that an insurance
company is governed by speci c laws, regulations
and contracts. In other words it is never personal between a highly regulated corporate payer and a private citizen.
Further, the persons who work for carriers are licensed and trained in the de nitions, terms, and duties such as what de nes “good faith,” while re victims are not.
to keep his/her job are not designed to be compassionate for your plight. They problem-solve, so stick to the facts, make sure you have every document you need to get compensated for your losses, and if you feel insecure about your ability to handle these complexities on your own, hire or seek professional help.
Eric Carlson, Attorney at Law, Santa Rosa (707) 921-7222, Attorney@ejcarlson.com
8 - www.sonomacountygazette.com - 12/17