We at Shrable Law Firm in Columbus have been dealing with bad faith claims against insurance companies and issues with coverage. We have been able to gain a lot of experience.
When people are buying their insurance, they rely on their spirit of trust. Policyholders will pay their premiums over many years trusting the insurance company is going to provide protection. The protection purchased is going to come in different forms, and this is why you will find that there are different types of insurance policies. Some policies protect policyholders from the financial burden that comes with a house burning down. Other policies are going to protect the driver when they hurt someone accidentally when on the road. When these policies are purchased, the person getting it is assured that the insurance company is going to step in when the house burns or defend lawsuits when a driver is involved in a car accident.
But there are some instances where the insurance company is going to look at things from a different perspective. An insurance company can decide that they are not going to pay or what they pay is not enough. If this happens to you in “bad faith”, you might need to get a car accident attorney.
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What are some Examples of Bad Faith Insurance Tactics?
There are different techniques employed by insurance companies that are considered bad faith. Below are some of the tactics they employ, but this doesn’t mean the list below exhausts all of them.
Denying Claim Without Providing You With a Reason
If you get into a car accident in the city of Columbus then the insurance company denies the claim, they have to let you know the reason. If you have followed the right procedure when making the claim after being involved in a car accident then the claim is denied because of an invalid reason or no reason, then you might have a claim against the insurance company for bad faith in your hands.
Failure to Conduct Enough Investigation Into a Claim
The duty of fair dealing and good faith requires your insurer to do a thorough investigation into car accident claims. If the insurance company is delaying the investigation into the claim or the investigation has been done, then you can file for a claim on the basis of bad faith.
Delaying the Payment of a Valid Claim
Insurance companies have to be within a reasonable time frame when it comes to paying out the claims. If they have approved the claim, but they are taking a long time before they pay for the claim, then you might have to make the claim against them for bad faith.
Offering Less Than What The Claim is Worth
When negotiating the claim, insurance companies will always try their best to table “low-ball” settlements. But when they are not ready to budge when they have tabled a low-ball settlement offer, then it might be bad faith. You might have a claim if you find that the insurance company is offering way less than what the claim is worth.
Refusing to Pay A Valid Claim
If they are refusing to pay a valid claim or refusing to settle after your car accident, it could be a sign of bad faith. If the claim you filed with the insurance company was covered by your policy or of the other driver then it is denied, it is bad faith and the insurance company can be held liable.
Making Threatening Statements
Insurers should never threaten third parties or policyholders making a claim after getting involved in a car accident. Policyholders and others have to be treated professionally and respectfully by the insurance company. If they make any threats to you, then talk to an experienced car accident lawyer as soon as possible.
Misinterpretation of Policy Language or the Law
If they misrepresent the language or the law in your policy applicable to the accident claim, then the insurance company can be sued for bad faith. Insurance companies need to be truthful and honest when it comes to dealings about the claims and the law involved with the process.
Refusal of Request For Documentation
When you make a reasonable request to the insurance company, they need to comply, whether you are the one making the request or even a third party. If you have requested for documents supporting the decision from the insurance company but they refuse to share, you might have to file for a bad faith claim.
What Is Statutory Bad Faith Law in Georgia?
Following a fire or storm, some insurance companies are going to refuse to pay for the damage to a business or home. There is a bad faith statute protecting policyholders when such a thing happens. At Shrable Law Firm, we have lawyers with a lot of experience dealing with bad faith claims, and they are going to help you ensure that your legal rights have been protected.
Bad Faith Failure to Settle in Georgia
The work of liability insurance is protecting policyholders from legal liability. If someone is hurt because of the car accident, or if someone is suing you for claims because of damage to their property, then you are going to face the threat of legal liability. One way that the insurer is going to protect from legal liability is by settling the claim being filed against you. In Georgia, the insurer has the duty of protecting the people covered by their policies by settling the claim filed against the policyholder, they have the room to settle the claim within policy limits. One common tactic used by the insurance company is tabling low-ball settlements and reject the chance of settling things within the limits of the policy. When they law-ball the settlements, they are putting the policyholder at risk because they are exposed to unnecessary lawsuits and liabilities. This is known as “common law bad faith” or “bad faith failure to settle”. We at Shrable Law Firm are going to represent those damaged by bad faith failure when it comes to the claim of settlements.
What is Declaratory Judgement Action in Georgia?
There are businesses and people who have filed for a claim with the insurance company and then they learn that the insurance company is filing a lawsuit against them. These lawsuits are referred to as declaratory judgment actions. When insurance companies file declaratory judgment action against the policyholder they are insuring, then it tends to be them asking the court to declare that no insurance coverage for the policyholder. We have a team of attorneys representing policyholders who have been sued by the insurance company in such type of cases.
Proving Bad Faith in Insurance Claims
When it comes to establishing that the insurance company acted in bad faith, you need to show facts and circumstances surrounding the actions of the insurance company that indicate that they acted in bad faith. The circumstances will vary from one case to another because it is based on the specific facts and circumstances of your accident, and this is why it can be a little harder when it comes to establishing that the insurance company acted in bad faith. This is the main reason why people are always encouraged to work with a car accident lawyer after getting involved in a car accident.
One thing to keep in mind is that the claim you are making against the insurance company you believed acted in bad faith will be separate from the one you make against the driver responsible for the accident. With a bad insurance lawyer by your side, you will be able to understand how the lawsuits are different from the one filed against the at-fault driver.
Why Do Insurers Use Examination Under Oath?
When the insured makes the claim, some companies get started with the process of delaying and harassing and look for any reason to deny the claim. Examination under oath is one tool that many insurance companies tend to use. If the insurance company demands an examination under oath, then know that they are treating your claim with suspicion and looking for a way to avoid settling your claim. We are going to prepare the insured and stand by them when the insurance company asks for an examination under oath. Our goal is to hold profit-hungry insurance companies responsible for their promises to the client. If you feel like the insurance company has wronged you, then don’t hesitate to give us a call at Shrable Law Firm because our Columbus, GA, Bad Faith lawyers will be there to help you when you are dealing with insurance companies.
Compensation for Bad Faith Insurance Practices?
If your claim has been handled in bad faith by the insurance company, then you get a fair settlement through a written accusation, and this should not be a hard thing when you are working with an experienced lawyer at Shrable Law Firm. Mentioning the word “bad faith” can easily cause the insurer to start acting quickly.
If this does not work, then you can go ahead and file for a claim against the insurance company. The bad faith insurance lawyer in Columbus GA is going to help you in recovering the damages because the contract was breached, and this can involve the benefits you were supposed to get and the interest too.
You can also recover bad faith damages, which can include emotional distress, economic losses, and legal fees. There are some cases where you can end up securing punitive damages, but it should be shown that the insurer acted in fraud or malice.
We know what needs to be done when the insurance company is refusing to act in good faith. Here at Shrable Law Firm, we will do everything possible to make sure you get the full value of what the insurance company owes you under the law. Give our personal injury firm a call on (762) 821-0051.