Bad Faith Insurance

Bad Faith Insurance — You are Entitled to Compensation

As Washington tries to overhaul the health-care industry it appears that there is yet another insurance related trade that is grossly in need of  makeover. Indeed, for years  auto insurance companies have taken advantage of policy holders, holding out on payment in situations where it is abundantly clear that the accident victim is in dire need of assistance.  Technically speaking, people who  come up against this type of resistance are considered to have bad faith insurance.

What many consumers do not know is that they have a right to prompt and adequate assistance under the law when they have a legitimate claim.  Sadly, adjusters are trained with the mindset that everyone is trying to get over.  While there are those who do try to milk the system after an auto accident,  nine times out of ten, the claim is legitimate.

This does not deter insurance adjusters from treating all claimants like potential criminals. Many will go so far as to find legal loopholes that deny financial compensation to individuals they know to be truly injured.  When such  instances occur, bad faith insurance companies will  try their best to intimidate an accident survivor and make them feel as if they have no recourse but to accept whatever the insurance company dishes out.

Far too often, people  take the insurance company’s word for it and fail to fight for their rights.

You are entitled  to compensation

A bad faith insurance company is only looking after its own best interest.  This means they will do what it takes to protect their company’s bottom line.  This often leaves innocent motorists holding the bag and places them at risk for losing their life savings in order to pay off medical related costs.

Do not fool yourself into thinking this cannot happen to you.  It doesn’t matter how faithfully you have paid or for how long–bad faith insurance companies will try their best to shaft you every time.

Got a big name insurance policy?  Again this doesn’t mean a thing.  Many well known insurance companies  like All State and State Farm top the list in regards to failing to honor their insurance policies–in other words, a famed company can  be a bad faith insurance provider as well as anyone else.

What you can do

Sometimes it can be hard to prove that your insurer is enacting bad faith insurance policies.   In the easier cases, a policy holder canconfirm that  their claim was turned down for reason not specified in their contracts
via  written communique.  One may also be able to provide documentation that indicates their a claim wasn’t even processed.

Still, it takes a practiced eye to look over the case and  assess if it falls under potential bad faith insurance law.

Fight back…

Insurance companies have an obligation to provide assistance to legitimately injured motorist they according to law. This also  includes providing assistance  promptly and properly.
If you feel an insurance company has illegally given you the shaft you do have rights and can fight back!

Contact the law firm of Slaughter and Slaughter today toll free at 888.222.8286 and  get the justice you deserve.  You may just be able to receive compensation for your injuries and teach bad faith insurance companies that they can’t always bully policyholders into submission.

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Frivolous Insurance Company Conduct

We have all heard the stories of people filing frivolous or ungrounded lawsuits in an attempt to get a quick settlement from the insurance company. This practice is, for the most part, unfounded and is condemned by the various Bar Associations. And only a few unethical attorneys engage in this sort of thing, as the settlements tend to be fairly low and the attorney’s fees do not amount to much. Of course, on those few occasions when a frivolous case results in a large settlement, the news media and certain radio and television talk show hosts can’t criticize it and the legal system enough.

What is much more common is the wrongdoer’s insurance company refusing to pay a reasonable sum to compensate the injured victim even where their insured is clearly at fault, the amount of damages are reasonable and substantiated by such things as medical bills and lost wages, and the limits of the insurance policy easily cover the amount demanded. If a person filed a frivolous lawsuit in order to get a quick settlement, the insurance company can usually get the case dismissed before trial. But there is nothing stopping an insurance company from asserting a frivolous defense.

For example, suppose a person is injured in an automobile accident that is clearly the fault of the insurance company’s insured. Liability is so clear that the police officers who investigate the aftermath of the accident issue one or more traffic tickets to the other driver. There is a $100,000 insurance policy, and your damages are only $25,000. The insurance company says it will pay only $7,500 and not a penny more to settle the claim; otherwise, you have to take them to court and have a full-blown trial.

The insurance company tries to intimidate you by flooding your attorney with paperwork that takes hours to complete. The insurance company hopes to wear down your lawyer so he or she will advise you to accept the paltry offer. As long as the insurance company is doing nothing to delay the case, it is within its rights to aggressively engage in pre-trial investigation (“discovery”), such as taking your deposition.

Insurance companies sometimes mount frivolous defenses to send a message to the plaintiffs’ bar that if its inadequate settlement offers are not accepted, the lawyers can expect to spend hours upon hours working on the case, preparing it for trial, and then trying the case.

Unfortunately, while an insurance company (through its insured) can sue a person who unsuccessfully sued them for “malicious prosecution,” the injured victim has no right to bring a “frivolous defense” lawsuit against the insurance company, regardless of how outrageous or trivial the insurance company’s defense was.

The truth is that there are many more legitimate cases that are being denied fair and full compensation than there are frivolous cases that are being settled successfully.

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