An insurance company is in business to make money for its owners/shareholders. Most insurance companies are publicly traded as stocks on a stock exchange such as the New York Stock Exchange. As a public company, an insurance company maintains a fiduciary (highest) duty to its shareholders to deliver maximum profits. An age-old method used by insurance companies to increase profitability is to deny claims and pay out less in settlements.
Because the amount an insurance company pays out in settlements directly affects its bottom line, people who are forced to deal with an insurance company following an accident are not treated with the dignity or respect they deserve. When money becomes involved, an insurance company can go from friend to foe rather quickly. However, there are options available to those who are having difficulty with an insurance company or believe an insurance company has violated a Hawaii law in its handling of an insurance claim.
In addition to your legal right to retain an attorney to represent you against the insurance company, you may also file a formal complaint with the State of Hawaii's Insurance Division of the Department of Commerce and Consumer Affairs (DCCA). The DCCA oversees and regulates insurance companies operating here in Hawaii. The Insurance Division of the DCCA also enforces the laws and regulations related to the insurance industry in Hawaii.
We urge anyone who wishes to file a complaint to first consult an experienced Hawaii personal injury or insurance attorney to determine whether a valid basis for a complaint actually exists. It is also recommended that an experienced attorney review your written complaint prior to filing the complaint to ensure that the contents of the complaint will not lead to any negative legal or other consequences to you or your claim/case.
If you have a complaint against an insurance company in Hawaii in connection with an automobile accident, homeowner's or other insurance claim or matter, you may file your complaint with the DCCA by visiting http://cca.hawaii.gov/ins/consumer/filing_a_complaint/how-to-file-a-complaint-against-all-other-insurers/. A complaint form is provided on the DCCA insurance complaint webpage. It can also be accessed here:
For more information on questions on auto accident and personal injury claims in Hawaii, please explore our website, drop us an email by completing the "Contact Our Firm" box to the right, or call us at (808) 348-7800.
Foster Law Offices LLC
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