Filing an insurance claim is one of the most common ways to recover compensation after being involved in a serious accident or suffering debilitating injuries. Unfortunately, insurance companies often do everything they can to avoid financial liability. The insurance company loses money when it settles on a claim, so it is in the insurance adjuster’s best interest to pay out as little as possible in settlements.
Many insurers resort to unscrupulous tactics that cost claimants in more ways than one. If reputable bad faith insurance attorney Matthew R. Boren, Attorney At Law, believes the insurance company is not handling the processing of your claim fairly, we will be prepared to take the necessary legal actions. Contact us today to learn more about whether the insurance company handling your claim is doing so in bad faith and what you can do about it.
What is “Bad Faith” Insurance?
When you purchase an insurance policy, you are doing so with the expectation that if you require financial assistance, the insurance company will provide you with the financial support you need as outlined in your policy terms. This is true whether you purchase auto insurance coverage to protect yourself in the event of a car accident or general liability insurance coverage if you are a business owner hoping to protect yourself from injuries like slips and falls or other premises liabilities.
However, when you need to file a claim with the insurance company, you may be shocked to discover that they are pushing back on your claim. It is one thing for the insurance company to do their due diligence and investigate the claim before offering a settlement. However, when insurance companies handle claims in bad faith, they are wrongfully denying claimants the settlement they are entitled to.
Bad faith insurance tactics can take multiple forms, but if the insurance adjuster or company in any way prioritizes their profit margins over that of the claimant’s needs, or tries to breach their responsibilities as described in the insurance policy, their actions could rise to the level of bad faith.
Common Types of Bad Faith Tactics
Bad faith tactics may not always be recognized. The insurance adjuster handling your claim will likely be friendly and may attempt to get you to talk about the accident. This is not because they are worried about how the accident happened, but rather because they are looking for reasons to deny you the compensation you are entitled to. If the insurance company fails to uphold its obligations to your claim in any way, its actions could be considered bad faith. Some examples of bad-faith insurance tactics include:
- Arguing that pre-existing conditions prevent you from receiving a settlement
- Delaying settlement payments
- Denying routine requests for policy documentation
- Failing to conduct a thorough and prompt investigation of your claim
- Making threatening statements
- Misrepresenting the policy terms
- Refusing to make a reasonable settlement offer
How to Prove Bad Faith in a Bad Faith Insurance Claim
To prove that the insurance company is handling your claim in bad faith, we will need to provide valuable supporting evidence. Our team understands the types of evidence needed to prove the insurance company is attempting to skirt its financial obligations to your claim.
We may request recordings of conversations with insurance adjusters, compile all communications exchanges and policy documents, and potentially speak with other claimants who were taken advantage of by the insurance company to build our case against the insurer. Sometimes, the threat of legal intervention is enough to get the insurance company back on track, as they will not want to risk being ordered to compensate you beyond their financial obligations if your case goes to trial.
Types of Damages That Could Be Recovered In A Bad Faith Lawsuit
You will have the right to compensation for specific types of covered losses as outlined in your insurance policy. Essentially, any damages that were covered by your insurance policy should be recouped in your bad-faith lawsuit. However, there are additional damages that could be included in bad faith insurance claims.
For instance, a successful car accident insurance claim would likely result in the insurance company providing compensation for your personal property damages and medical expenses. However, with a successful bad faith insurance claim, you may also be entitled to compensation for your emotional distress, loss of income, and potentially punitive damages as described under Florida Statute 768.72.
Get Help From an Experienced Bad Faith Insurance Lawyer Today
We have little tolerance for insurance companies that try to shirk their financial obligations. Insurance coverage is designed to protect you in the event of an accident, and if the insurance company cannot be held accountable for its financial obligations, what is the point?
It is our goal to ensure insurance companies are brought to justice when they handle claims in bad faith. With the support of trial-proven bad faith insurance attorney, Matthew R. Boren, you show the insurance company you mean business. Fill out our online contact form or call our office to schedule your free consultation as soon as today.