How to Handle a Bad Faith Insurance Claim
The purpose of insurance is to protect policyholders when they get involved in comparably expensive accidents. These expenses may include auto damages or injuries to one or all parties. For instance, if you are rear-ended, this can damage your car and cause injuries to you. The insurance company of the responsible party must provide financial compensation for the treatment of your injuries, as well as for the repairs to your vehicle.
However, whether or not certain expenses are covered will depend on your policy as well as the details surrounding the mishap. If you are found partly at fault or responsible, the other party’s insurance provider may deny payment for your damages and/or injuries.
Though a contract demands that insurance companies compensate policyholders for accident damages that are in line with the terms of the contract, some insurers will not honor their own requirements by refusing to pay make payment, whether in part or in full. In this scenario, policyholders are typically uncertain about their next moves, considering that insurers usually have a strong bargaining position, owing to their big size and convoluted rules.
A bad faith insurance claim is in sight if the insurance firm:
A 10-Point Plan for Lawyers (Without Being Overwhelmed)
> has unreasonable interpretations of the contract terms;
Questions About Services You Must Know the Answers To
> withholds payments on purpose;
> avoids a settlement;
> refuses to reimburse the entire amount of expenses of the insurance holder; and
> leaves the claim unprocessed.
If you have been denied by your insurer reimbursement for damages, there are a lot of options you can take. First off, file an appeal of the decision. Most companies will only allow this within a a limited time, so make sure that you’re aware of all the deadlines. Second, you need to prove that the company paid no attention to your rights by rejecting your claims for reasons not warranted by your policy.
A bad faith insurance claim, whether in relation to an auto accident or otherwise, can be intimidating as well as baffling. When you deal with a personal injury, you could end up being debilitated for life or being unable to take up a job. Therefore, you must consider talking to a personal injury lawyer so you can ge all the help you need for the financial compensation you deserve.
In America, the general rule of law is for every party to pay for their own attorneys’ fees, called “The American Rule,” which is unique from the English Law where only the responsible party is going to pay for both sides’ fees.
There are some states though where exception have been made from the American Rule, allowing wrong parties in an insurance bad faith lawsuit to be given the lawyers’ fees as part of the award. There are at least three places where these exceptions apply: Pennsylvania, Utah and New York. Again, an experienced lawyer can tell you if attorneys’ fees can be paid as part of the award in your state or not.