Law Blog

People trust their insurance companies to provide them with full compensation following a property disaster or injury. Unfortunately, people rarely receive all of the insurance money they are due.

Insurance companies calculate damage claims using a computer process that undervalues claims. By design, materials and labor are valued lower than true market values. By doing this, insurance companies can defend their choices to undercut customers. They can say “our estimates show we should pay you this much” when, in reality, the cost is much greater.

When an insurance company delays or refuses to pay on a valid claim without a good reason, it is considered to be in “bad faith” of the insurance contract. At The Hackney Law Firm, we make compensating clients our mission. We stand firmly with clients, helping them to fight back against bad faith insurers in a variety of Alabama property damage and personal injury scenarios.

Birmingham And Montgomery Claim Attorney For Storm Damage, Fire Damage, Personal Injury And Workers’ Comp
If your home, car or other property was damaged, it is important that you obtain the full amount due to you under your insurance policy. Retain our law firm, and we will pursue the full amount of compensation permitted by the insurance contract for your:

• Storm damage from tornadoes, hurricanes, flooding and severe storms
• Fire damage caused by lightning, an accidental blaze or arson
• Damage to your car, truck, motorcycle or other motor vehicles in an auto insurance claim
• Property damage to home, auto and other property
• Injuries due to negligence in car accidents, accidents on property and other causes
• Work injuries covered by workers’ compensation
• Work-related injuries caused by third parties and not covered by workers’ compensation

An Insurance ‘Insider’ Who Fights For Your Insurance Compensation
Before founding our law practice, attorney J. Danny Hackney, worked more than 20 years as an Alabama insurance claim adjuster. He understands insurance law, how it is applied in practice, and how insurance companies work against their clients’ interests. Your insurer may be counting on your ignorance of the insurance claims to get what it wants. Our lawyer knows insurance industry tactics and can counter them using experience and knowledge earned over a lengthy career working in the insurance industry and in insurance law.

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In Alabama, property and casualty insurance companies are making aggressive use of the examination under oath provision of insurance contracts. The examination permits the insurer to observe the insured’s demeanor and trustworthiness and to obtain detailed information concerning the insured’s claims after a loss.

The examination under oath is a formal proceeding before a court reporter and recorded in a verbatim transcript. Every question and answer is made a part of the record.

Why You Need An Attorney
Do not go to the examination under oath without a lawyer present. The Hackney Law Firm in Birmingham will guide you through this process. It is important to work with an attorney who has experience handling property insurance litigation when you receive an examination under oath notification from your insurance company.

Attorney J. Danny Hackney was a former insurance adjuster and has decades of experience handling examination under oath proceedings and issues.

Your Duties As A Policyholder
Property insurance contracts almost universally dictate certain duties to policyholder(s) in the event of a covered loss. These duties usually require the insured to:

• Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related documents that justify the figures in the inventory.
• Show the damaged property
• Provide the insurer with records and documents as requested.
• Submit to examination under oath, while not in the presence of any other insured.

In the policy contract, your insurer has given itself the right to question you “under oath” about the details of the loss/claim. “Under oath” means you legally swear that your answers are truthful.

Inventory Of Your Personal Property
You will be directed to bring documents of your policies, financial statements and receipts showing your losses. This can be impossible if you had a fire loss or other storm damage that ruined these documents. You are required to make every reasonable effort to reproduce these documents.

We can help you through this process. We have methods to help us obtain at least some of these documents to provide evidence of the property and assets you lost.

The insurance carrier is entitled to view your financial records to determine that you had the income or credit to actually purchase the items you are claiming as a loss. This can have a substantial impact during your proceeding. We will ensure all information provided is accurate and that you have the financial statements and documentation to back up your inventory list.

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