What to do if you have a Bad Faith Insurance Claim

by Dec 16, 2021Insurance Dispute, Insurance Policy

What to do if you have a Bad Faith Insurance Claim

by Dec 16, 2021Insurance Dispute, Insurance Policy

woman suffering from bad faith insurance claim
woman suffering from bad faith insurance claim

Insurance companies are in business to take in money. They do this by collecting the premiums that people pay to get coverage. They are not in the habit of giving money to just anyone who asks for it. If you want to get properly compensated for your claim, you have to offer solid proof. Sometimes even this proof isn’t enough for them.

What is a Bad Faith Insurance Claim?

There are many different types of insurance disputes. One of the most common is known as a bad faith insurance claim. In this type of case, your insurance company may refuse coverage. They may also try to give you a figure that is far less than what your claim is worth. Their bad faith is a way of adding insult to injury.

If you believe you have been a victim of this type of scenario, you may have a bad faith insurance claim. Keep in mind that, in most cases, your insurance company will still try to keep within the bounds of the law. They deny you coverage to save money. But they won’t want to break the law while doing so.

However, here and there, even an experienced insurance company adjuster will make a mistake that will cause them to err on the wrong side of the law. If you know that they didn’t properly investigate your claim, intentionally devalued it, or denied it for no good reason, you now have a case.

What is a Typical Type of Claim?

In Florida, there is typically a first-party claim. It is always a good idea to hire the services of a lawyer who specializes in insurance disputes. They are the experts that can help you determine if you may have the kind of claim that can be brought to court.

A first-party bad faith claim concerns a case where an insurance company has failed to investigate a claim that pays out directly to the insured party. They may also have previously denied the claim outright for no legitimate reason. Even if you have insurance, your company can refuse a storm damage claim.

What Are the Grounds for a Lawsuit?

There are many different types of grounds for a lawsuit. These involve actions of the insurance company that will include, but are not limited to the following:

  • Trying to settle or payout on a claim that the company has altered without the knowledge or consent of the claimant.
  • Misrepresenting the facts of the case to the claimant and paying them less money.
  • Failing to properly investigate a claim on time and in the correct fashion.
  • Denying a claim after conducting no type of investigation whatsoever.
  • Failing to communicate with the claim filer on time and in the correct manner.
  • Failing to notify the claim holder when additional info is needed to file the claim.
  • Failing to explain to the claim holder why this info would need to be included.
  • Failing to explain in writing why a claim has been denied.
  • Failing to explain in writing why a claim has been only partially paid.

How Do You Handle a Bad Faith Lawsuit?

The most important thing to keep in mind when you approach the idea of filing a bad faith claim is that you should never do it alone. The insurance company will be happy to pay for an expert lawyer to oppose you. This lawyer will do all in their power to get you to contradict your testimony or to incriminate yourself.

Keep in mind that there may be a strict statute of limitations. It means that the time you have to file your bad faith insurance claim is limited. You will need to consult with a lawyer to make sure that your claim is filed within the time limit that is allowed under the law.

In Florida, there are specific steps that need to occur before the filing of a lawsuit regarding a bad faith insurance claim. Therefore, it is imperative that you consult a lawyer immediately if you believe that you have been the victim of an act of bad faith by an insurance company.

There is also the fact that the insurance company has a standard line of defense with which to ward off cases of this type. Their usual argument will be that you are the one who is acting in bad faith. They may try to claim that you have falsified the facts of your claim to try to defraud them of money.

A Lawyer Can Help You Win Your Case

Your best bet in a situation of this kind will be to hire a lawyer of your own. They will be the qualified legal professional who will handle your bad faith insurance claim.

They are the ones who will help you file your claim in a timely and correct manner. Your bad-faith lawyer will help you collect the info you need to state your case.

A bad faith dispute lawyer is the person who can do the most to help you get the full settlement that they owe you. They are the legal experts who understand how the system works. With their help, you can finally receive the justice you deserve.

The Bodden and Bennett Law Group specialize in handling insurance disputes, including bad faith insurance claim cases. In addition to fighting major medical, automobile, homeowners, disability, life, and commercial insurance companies for years, we are dedicated to making sure you and your family receive the compensation you deserve. Contact us online or call (561) 806-5229.

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