Can I Sue if My Insurance Company Acts in Bad Faith?

Do you suspect your insurance company is acting in bad faith? Remember that your policy is paid-for and as such, your insurance company upholds a promise to provide you insurance protection. The company further is responsible for negotiating and settling claims in good faith. If you believe that an insurance company isn’t negotiating in good faith, can you sue them for acting in bad faith?

A claim of bad faith against an insurance company arises only if the company’s adjuster has lied, committed fraud, or has gotten in the way of you pursuing the claim. An example of this could be tampering with a witness or withholding evidence. It would therefore be unwise to file a bad faith lawsuit just because you don’t agree with the adjuster, even your own. In addition, you can sue the adjuster of your own company for not giving you a specific reason for a low settlement offer.

Still suspect the adjuster for your company is negotiating in bad faith? Use the term in conversation with them. Bad faith is usually taken seriously by insurance companies and the term should get their attention. You can also put your accusation of bad faith in writing. Make sure in the letter that you refer to the conduct of the adjuster that you consider to be done in bad faith. If it is proven that the insurance adjuster acted in bad faith, the company could be responsible for paying damages above the original compensation amount for your injuries.

It is extremely difficult to win bad faith damages in court, however. This does not mean you should not pursue a case if you believe you have one. Contact the attorneys at Lowthorp Richards. We can look over your evidence and discuss your legal options regarding your lawsuit. Call us to schedule a free consultation.

Common Reasons for Insurance Claim Denials

When you’re in an automobile accident, the last thing you want to deal with is a stubborn insurance company that refuses to help with your auto and medical costs. Sometimes claims can legally be denied due to valid reasons. In other cases, the insurer may not be fair in their denial of your claim. Before considering that your claim is being denied illegally, check through the list below to ensure you’re not making these common insurance claim mistakes.

Did You Report the Accident on Time?

It’s understandable for one to be in a state of shock after an accident. Your well-being and that of your passengers will probably be the first thing you’ll be thinking about. However, it is important that drivers who have been in a car accident report the event in a timely manner. It is also important that, should you require medical attention, you seek help in a timely manner as well. The insurance company will doubt the legitimacy of your claim and suspect that you are attempting to gain coverage for injuries you did not receive in the accident if you wait too long.

Do You Understand Your Policy?

Sometimes drivers run into trouble when they realize that certain injuries and repairs are not covered by their insurance. It may come as a nasty shock to be informed that your insurance doesn’t cover certain repairs or medical procedures. To avoid surprises, make sure you are up-to-date on your insurance policy of choice. If you don’t understand a certain part of your policy, reach out to an insurance agent and ask them to clear up your confusion. The more aware you are of what your policy covers, the less stressful it’ll be when submitting your claim.

Did You Violate State Law?

It is an almost universal requirement in the United States that drivers drive sober, with a valid license, and properly insured. If at the time of your accident you were violating state law, the insurance carrier does have a legal reason to deny your claim. Violations can range from driving while intoxicated to driving with a suspended license. Insurance companies can also deny your claim if you were driving without insurance or if the accident was avoidable.

If you’re running into trouble submitting your insurance claims or suspect your claims are being denied illegally, contact the attorneys at Lowthorp Richards. A trained legal professional will know the law and how to get an accident victim what they deserve from an insurance company.