What is a Bad Faith Insurance Claim?
Whether you have been in a car crash, a slip and fall, or another type of accident, you may have a valid insurance claim to obtain compensation for your injuries. You may expect the insurance company to pay you fair compensation, but that is not always the case. Unfortunately, insurance companies are not concerned about you. They are more worried about protecting their bottom line.
However, it is critical that you do not give up and that you know you can fight back. By filing a bad faith insurance claim, you can obtain the fair compensation you initially deserved for your injuries, as well as damages for any loss the acts of bad faith cost you. Below, our Daniel Island personal injury lawyer explains how to file a bad faith claim.
Identify the Act of Bad Faith
Before filing an action for bad faith, you must of course identify the act of bad faith. There are several common types of bad faith and they include:
- Intentionally misrepresenting the facts of a case or coverage,
- Failing to respond to communication in a timely manner,
- Failing to investigate and settle claims in a reasonable manner,
- Failing to settle a case fairly and promptly when there is no question of liability,
- Forcing a claimant to file a lawsuit to obtain reasonable payment,
- Offering a lowball settlement, and
- Using unreasonable defenses to discourage claimants.
Identify Your Damages
Under the law, you can claim compensation for any loss you suffered as a result of the bad faith. Common types of compensation in these cases include:
- The fair settlement provided under the policy,
- Any additional damages you incurred due to an unreasonable failure to pay,
- Punitive damages, if the insurance company acted willfully or recklessly, and
- Attorney and other legal fees.
Understand the Elements You Must Prove
Like all lawsuits, in a bad faith claim you must prove certain elements of your case. These are as follows:
- There is a mutually binding insurance policy in place,
- The insurance company refused or delayed your claim,
- The act of denying or delaying your claim was not reasonable and breached the good faith requirements, and
- You incurred damages, or losses, as a result.
Prepare the Complaint
The lawsuit officially begins when you file a summons and complaint with the appropriate court. The complaint outlines the act of bad faith, as well as the amount of damages you are pursuing. The summons will provide the date of your hearing. The defendant is also served with the summons and complaint so they can attend the hearing, as well. It is important to work with a Daniel Island personal injury lawyer who can help prepare your complaint.
Call Our Personal Injury Lawyer in Daniel Island for Help with Your Bad Faith Claim
If you have filed a claim with the insurance company and they have not acted in good faith, our Daniel Island personal injury lawyer can help. At Fuller Law Firm, our seasoned attorney can prepare your complaint and guide you through the process so you obtain the best outcome possible. Call us now at 843-277-0013 or contact us online to request a consultation.
Source:
scstatehouse.gov/code/t38c059.php
