June 12, 2018
When dealing with your own insurance company, your insurer has a duty of good faith when dealing with you. What that means in a personal injury context is that the insurance company must investigate and evaluate your claim thoroughly, and also fairly try to negotiate a settlement with you. If an insurance company fails to do the above, their conduct may rise to the legal standard of “Bad Faith”—thus opening themselves up to liability in a court of law.
Bad Faith is a legal claim most simply defined as an insurance company’s failure to fairly deal with you. “Fairly deal”, like most words in a legal context, can mean a variety of things that an insurance company must do to avoid their conduct arising to the level of bad faith. Succinctly put, if an insurance company’s conduct is arising to the level of bad faith, their conduct is exhibiting an absence of honest candor and meaningful action towards to fair conclusion to your claim. An example of this is an insurance company that arbitrarily denies your claim while having an understanding that their denial is indeed arbitrary.
If an Insurance company can’t point to a specific reason as to why they are denying your claim, then their conduct likely rises to the level of bad faith. To prevail in the court of law, the plaintiff will have to show that there was indeed no reason for the insurance company to deny their claim AND that the insurance company was aware that there was no reason to deny their claim or they recklessly disregarded the lack of reasons to deny your claim. “Recklessly Disregard”, another legal cliché and buzz phrase, means in simplest terms indifference to your claim.
So, if you find yourself in the unfortunate situation that you must use your insurance to recover from a loss stemming from a car accident, pay attention to both your insurance company’s objective and subjective conduct; if you believe you are being treated unfairly, this unfairness may amount to a bad faith claim against your insurance.
Attorney Jacobs believes that everyone deserves a lawyer and always strives to achieve the best available legal outcomes for his clients. Attorney Jacobs cannot make promises as to what legal outcome he will be able to achieve for his clients; however, Attorney Jacobs can promise you that the care and concern he will show for you and your legal needs will be second to none. If you sustained a personal injury, the law firm of Daniel L. Jacobs Jr. LLC and Attorney Jacobs are here to assist you.
If you have any questions about financial compensation for an injury sustained in an accident or during a medical procedure, schedule a free consultation with one of our attorneys.
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