Personal Injury Lawyers Fighting The Insurance
Insurance companies make their huge profits by paying out as little as they possibly can and they typically employ hundreds of in-house lawyers whose sole function is to make sure they pay out as little as possible.
Receiving your fair settlement from a reputable insurance company can be difficult without proper legal counsel, but dealing with an insurance company that is acting in Bad Faith could become your worst nightmare.
Here are some examples of situations that could result in Bad Faith from your insurance company:
1. Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue
2. Failing to acknowledge and act with reasonable promptness upon communications with respect to claims arising under insurance policies
3. Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies
4. Refusing to pay claims without conducting a reasonable investigation based upon all available information
5. Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed
6. Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear
7. Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds
8. Attempting to settle a claim for less than the amount to which a reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application
9. Attempting to settle claims on the basis of an application that was altered without notice to, or knowledge or consent of the insured
10. Making claims payments to insureds or beneficiaries not accompanied by statements setting forth the coverage under which the payments are being made
11. Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration
12. Delaying the investigation or payment of claims by requiring an insured, claimant, or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information
13. Failing to promptly settle claims, where liability has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage
14. Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement
15. Using as a basis for cash settlement with a first-party automobile insurance claimant an amount which is less than the amount which the insurer would pay if repairs were made unless such amount is agreed to by the insured or provided for by the insurance policy
It is not recommended that you file an insurance claim without first getting the advice of an experienced attorney. Most personal injury attorneys will not charge you for their time unless you are awarded compensation for your losses. Even if you decide to do it alone, consult with an experienced lawyer before proceeding.
If you have hired our attorneys, you do not need to discuss your claim directly with your insurance company. Refer everything to your attorney and NEVER discuss your accident with the defendant’s insurance company.
Here are some helpful suggestions when dealing with insurance companies:
1. Read and re-read your policy.
2. Report the accident to your insurance company immediately and get a claim number.
3. If you don’t have an attorney, cooperate by answering the questions YOUR insurance company asks directly but never volunteer a “theory” or “opinion” of the circumstances contributing to the accident.
4. Insist on seeing a doctor of your choice, not the insurance company’s doctor.
5. Insist that a mechanic of your choice view the damaged bike in addition to their adjusters. If their adjusters write off your bike as a basket case, ask them for the bike back. They can sometimes salvage the bike parts for more than they offer you as a settlement!
Some insurance policies include a specific time period (or “statute of limitation”) within which you must file a lawsuit against them for bad faith. Make sure you know what the statute says. If you think you are dealing with a bad faith insurance company, make sure you report it as soon as possible by contacting the Department of Insurance.
Always educate yourself by checking out insurance companies before you purchase your policy. Remember, a protected biker is an educated biker.
This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas
