,If you’ve been in an accident and wonder if you are going to get a “fair shake” from your insurance carrier, you are not alone. When the dust settles, and the costs associated with an accident become clear, policyholders can find themselves owing more to doctors, hospitals, and in car repairs than their insurance company is willing to cover. What you need to understand is that the policy you diligently make payments on every month is more than a piece of paper.

When the insurance company signs you up for coverage and accepts your payments, they are making you a promise. That promise is called a “Duty of Good Faith and Fair Dealing.” When an insurance company looks for ways to shirk its responsibility to you based on the agreement you have, that isn’t just lousy luck, that is “bad faith” and they must be held accountable.

The promise of insurance coverage says that your insurance company must not look for ways to avoid paying your claim. In fact, they are to provide you with protection and negotiate and settle claims on your behalf.

When you’ve been in an accident, your insurance company is OBLIGATED to investigate, negotiate, and settle those claims in “good faith.” You must be treated fairly and honestly by your insurance company, and they cannot prevent you from receiving the benefits of the policy for which you have paid.

When an insurance company fails to honor its obligation to act in good faith in handling your claim, you have recourse.  A number of actions—but also inactions—by your insurance company, can constitute the basis for a bad faith claim and lawsuit. Perhaps they want to deny coverage or are failing to negotiate a settlement. Below are more examples of “bad faith:”

• Unwarranted denial of coverage
• Failure to communicate pertinent information to the claimant
• Failure to conduct a reasonable investigation of the claim
• Refusal to pay the claim without investigating
• Failure to deny or pay the claim within a reasonable period of time
• Failure to confirm or deny coverage within a reasonable period of time
• Failure to attempt to come to a fair and reasonable settlement when liability is clear
• Offering substantially less money to settle than the true value of the claim
• Failure to promptly provide a reasonable explanation for denial of a claim
• Failure to enter into any negotiations for settlement of the claim
• Failure to respond to a time-limit demand
• Failure to disclose policy limits

So, what can you expect if you choose to challenge your insurance company, believing they have acted in bad faith? Your case will resolve itself in one of three ways: The insurance company will offer you a settlement; you will receive an arbitration decision; or there will be a verdict either for or against your claim.

Insurance companies are extremely powerful, with deep pockets and layers of resources. But the advantage you have when you hire Rudolph & Hammond is that we have seen first-hand their methods, and we know how to counter their tactics. We make sure our clients receive fair treatment and are afforded the rights guaranteed to them by their insurance policy. We are not afraid to go to trial to hold them accountable. Because we have fought them and won, they know they can’t subvert their responsibilities and they must answer your claim.

EXAMPLES OF BAD FAITH INSURANCE TACTICS

Below is a list of some bad faith tactics, but because it is by no means an exhaustive list, if you suspect you are not being treated fairly, come see us.

1. Denying A Claim Without Giving a Reason

They can’t just stamp a huge “DENIED” on your file and send it back! After you have had an accident, and filed your claim, if the insurance company denies that claim, they MUST give a reason for the denial. If there is no reason or an invalid reason for denial, you may have a claim against your insurance company.

2. Failing to Conduct an Adequate Investigation Into a Claim

You have called them repeatedly and they haven’t examined your wrecked car or gone over your doctor’s bills? This stall tactic is neither good faith nor fair dealing. Your insurance company is required to conduct a prompt and thorough investigation into your claim. If the investigation is poorly conducted or unreasonably delayed, you may have a bad faith claim.

3. Delaying Payment of a Valid Claim

Your insurance company has told you your claim is approved, and the check is in the mail, but you still haven’t received payment? The “check is in the mail” is classic “bad faith.”

4. Offering Significantly Less Money Than a Claim is Worth

Nobody wants to pay more than something is worth, and by the same token, nobody wants to accept less than what they deserve. The initial settlement offer from your insurance company will likely be the least they hope to pay for that claim. But it may not be what your claim is truly worth. If the insurance company sticks to this, less than adequate, “low-ball” offer, refusing to offer something more reasonable, they may be acting in bad faith.

5. Refusing to Pay a Valid Claim

Let’s say they not only don’t offer you a fair settlement but that your insurance company refuses to offer you anything whatsoever. If your claim is clearly covered by your policy or the policy of the other driver, and the insurance company is refusing to pay the claim, you may have an actionable bad faith claim against the insurance company.

6. Making Threatening Statements

You are entitled to respect and fair treatment by your insurance company. Neither your insurance company nor a third party acting on their behalf should ever threaten you. You have been the victim of an accident. You deserve to be treated professionally and civilly. If you have received threats, contact a lawyer immediately.

7. Misrepresenting The Law or Policy Language

Perhaps the most important reason to obtain a lawyer when you’ve been in an accident is to protect yourself against misrepresentation. It can be difficult to know if your insurance company is being completely factual when stating elements of law or when explaining the language in your policy. Your insurance company must be truthful and honest when making statements about law or policy, but without the benefit of someone trained in these areas, it can be difficult to know if you are getting the straight story. Call us and let us help clarify the issues.

8. Refusing Requests for Documentation

If your insurance company has issued a decision on your claim and you want to see the documentation to support their decision, you are entitled to those documents. If you have been refused these documents, you may have a bad faith claim.

PROVING BAD FAITH IN A BAD FAITH INSURANCE CLAIM

Proving a bad faith claim involves meticulous documentation of the facts and actions surrounding the case. Each case has its own set of unique circumstances, and it can be difficult to get all of the evidence necessary to prove your case. This is why you must have the experienced lawyers at Rudolph & Hammond working diligently to establish your claim. We have worked as defense attorneys for these companies and we know what is required to establish bad faith.

A claim against an insurance company that you believe has acted in bad faith is separate from your claim against the party responsible for your accident. When you are being treated unfairly, or unprofessionally by an insurance company, it is important that you are represented by lawyers who specialize in these types of cases. Call today so we can review your case and answer your questions.

If you’ve been in an accident and wonder if you are going to get a “fair shake” from your insurance carrier, you are not alone. When the dust settles, and the costs associated with an accident become clear, policyholders can find themselves owing more to doctors, hospitals, and in car repairs than their insurance company is willing to cover. What you need to understand is that the policy you diligently make payments on every month is more than a piece of paper.

When the insurance company signs you up for coverage and accepts your payments, they are making you a promise. That promise is called a “Duty of Good Faith and Fair Dealing.” When an insurance company looks for ways to shirk its responsibility to you based on the agreement you have, that isn’t just lousy luck, that is “bad faith” and they must be held accountable.

The promise of insurance coverage says that your insurance company must not look for ways to avoid paying your claim. In fact, they are to provide you with protection and negotiate and settle claims on your behalf.

When you’ve been in an accident, your insurance company is OBLIGATED to investigate, negotiate, and settle those claims in “good faith.” You must be treated fairly and honestly by your insurance company, and they cannot prevent you from receiving the benefits of the policy for which you have paid.

When an insurance company fails to honor its obligation to act in good faith in handling your claim, you have recourse.  A number of actions—but also inactions—by your insurance company, can constitute the basis for a bad faith claim and lawsuit. Perhaps they want to deny coverage or are failing to negotiate a settlement. Below are more examples of “bad faith:”

• Unwarranted denial of coverage
• Failure to communicate pertinent information to the claimant
• Failure to conduct a reasonable investigation of the claim
• Refusal to pay the claim without investigating
• Failure to deny or pay the claim within a reasonable period of time
• Failure to confirm or deny coverage within a reasonable period of time
• Failure to attempt to come to a fair and reasonable settlement when liability is clear
• Offering substantially less money to settle than the true value of the claim
• Failure to promptly provide a reasonable explanation for denial of a claim
• Failure to enter into any negotiations for settlement of the claim
• Failure to respond to a time-limit demand
• Failure to disclose policy limits

So, what can you expect if you choose to challenge your insurance company, believing they have acted in bad faith? Your case will resolve itself in one of three ways: The insurance company will offer you a settlement; you will receive an arbitration decision, or there will be a verdict either for or against your claim.

Insurance companies are extremely powerful, with deep pockets and layers of resources. But the advantage you have when you hire Rudolph & Hammond is that we have seen first-hand their methods, and we know how to counter their tactics. We make sure our clients receive fair treatment and are afforded the rights guaranteed to them by their insurance policy. We are not afraid to go to trial to hold them accountable. Because we have fought them and won, they know they can’t subvert their responsibilities and must answer your claim.

EXAMPLES OF BAD FAITH INSURANCE TACTICS

Below is a list of some bad faith tactics, but because it is by no means an exhaustive list, if you suspect you are not being treated fairly, come see us.

1. Denying A Claim Without Giving a Reason

They can’t just stamp a huge “DENIED” on your file and send it back! After you have had an accident, and filed your claim, if the insurance company denies that claim, they MUST give a reason for the denial. If there is no reason or an invalid reason for denial, you may have a claim against your insurance company.

2. Failing to Conduct an Adequate Investigation Into a Claim

You have called them repeatedly and they haven’t examined your wrecked car or gone over your doctor’s bills? This stall tactic is neither good faith nor fair dealing. Your insurance company is required to conduct a prompt and thorough investigation into your claim. If the investigation is poorly conducted or unreasonably delayed, you may have a bad faith claim.

3. Delaying Payment of a Valid Claim

Your insurance company has told you your claim is approved, and the check is in the mail, but you still haven’t received payment? The “check is in the mail” is classic “bad faith.”

4. Offering Significantly Less Money Than a Claim is Worth

Nobody wants to pay more than something is worth, and by the same token, nobody wants to accept less than what they deserve. The initial settlement offer from your insurance company will likely be the least they hope to pay for that claim. But it may not be what your claim is truly worth. If the insurance company sticks to this, less than adequate, “low-ball” offer, refusing to offer something more reasonable, they may be acting in bad faith.

5. Refusing to Pay a Valid Claim

Let’s say they not only don’t offer you a fair settlement but that your insurance company refuses to offer you anything whatsoever. If your claim is clearly covered by your policy or the policy of the other driver, and the insurance company is refusing to pay the claim, you have an actionable bad faith claim against the insurance company.

6. Making Threatening Statements

You are entitled to respect and fair treatment by your insurance company. Neither your insurance company nor a third party acting on their behalf should ever threaten you. You have been the victim of an accident. You deserve to be treated professionally and civilly. If you have received threats, contact a lawyer immediately.

7. Misrepresenting The Law or Policy Language

Perhaps the most important reason to obtain a lawyer when you’ve been in an accident is to protect yourself against misrepresentation. It can be difficult to know if your insurance company is being completely factual when stating elements of law or when explaining the language in your policy. Your insurance company must be truthful and honest when making statements about law or policy, but without the benefit of someone trained in these areas, it can be difficult to know if you are getting the straight story. Call us and let us help clarify the issues.

8. Refusing Requests for Documentation

If your insurance company has issued a decision on your claim and you want to see the documentation to support their decision, you are entitled to those documents. If you have been refused these documents, you may have a bad faith claim.

PROVING BAD FAITH IN A BAD FAITH INSURANCE CLAIM

Proving a bad faith claim involves meticulous documentation of the facts and actions surrounding the case. Each case has its own set of unique circumstances, and it can be difficult to get all of the evidence necessary to prove your case. This is why you must have the experienced lawyers at Rudolph & Hammond working diligently to establish your claim. We have worked as defense attorneys for these companies and we know what is required to establish bad faith.

A claim against an insurance company that you believe has acted in bad faith is separate from your claim against the party responsible for your accident. When you are being treated unfairly, or unprofessionally by an insurance company, it is important that you are represented by lawyers who specialize in these types of cases. Call today so we can review your case and answer your questions.