Insurance Bad Faith
Orange County Bad Faith Attorneys
It’s enough that you’ve been injured, had property stolen from you or were in an accident – now, more than ever, you need your insurance company to come through and pay your claim in full. If you claim has been unreasonably denied this can only add most stress and consume your valuable time. You may be asking yourself: what do I do now that my claim has been denied?
You may be asking yourself: what do I do now that my claim has been denied?
Insurance bad faith describes the maltreatment of the consumer by the insurance company, when the insurance company fails to uphold their contractual duty to the policy holder. It is considered “bad faith” when they do not uphold the “implied covenant of good faith and fair dealing” they agreed to.
You may be surprised to learn insurance bad faith is more common than most people think. The attorneys at Hodes Milman Liebeck have extensive knowledge of how corporate insurance companies try to cheat their customers out of what they are owed, and we have successfully fought on behalf of hundreds of other just like yourself to uphold the financial assistance deserved.
It can feel intimidating to think of taking on a large insurance company, but this process is far easier to understand once you speak with a bad faith attorney.
Not sure you are ready to file a claim against your insurance company? You probably have many questions, and this page will begin to answer them.
For questions that you don’t find answers to here, keep in mind that you always have the option of speaking with a qualified insurance bad faith attorney at no cost to yourself. Contact the attorneys at Hodes Milman Liebeck at any time by calling (949) 640-8222 for a free, confidential, no obligation consultation. We want to hear what happened and will help you get started in the right direction.
What Is Insurance Bad Faith?
A bad faith insurance or “insurance bad faith” claim is filed by a policy holder against their insurance company when the carrier denies adequate coverage, doesn’t pay a claim in time or will not properly protect you – the insured – from someone else’s claim. Unfortunately, it’s fairly common for insurance companies to try and minimize your need to avoid paying out as much money as possible.
An insurance company is responsible for honoring their end of the contract, plain and simple. If your carrier is being especially difficult and doing any of the following, you may want to contact a bad faith attorney today:
- Unreasonably denying coverage
- Failing to disclose policy limits
- Not conducting a fair investigation of the claim
- Offering significantly less money to settle instead of the claim’s true value
- Not communicating appropriate information to the claimant
- Failing to pay the claim within a reasonable amount of time
If you’re not sure if you qualify for filing a bad faith claim, ask an experienced attorney at Hodes Milman Liebeck. We are a simple phone call away and are happy to answer your questions, free of charge.
Signs That You May Be a Victim of Insurance Bad Faith
Unless you ask questions, you could be taken advantage of by your insurance company. The following are common situations that many of our clients find themselves in before contacting us:
A Denied Claim without Proper Reason or Explanation
Your insurance carrier does have the right to deny your claim, but you are still owed a legitimate explanation as to how and why this conclusion was reached. You may discover the claim was denied because of an improper or incomplete investigation into your accident, which is a good reason to contact an attorney.
Poor or No Communication from Insurance Carrier
Timing is a critical component following accidents, since a statute of limitations usually applies. Your insurance carrier is aware of this fact and should do their part to help you with your claim in a timely fashion. Be aware of a sudden lack of communication, as it could be a sign your insurer is attempting to give you the runaround.
A Payment is Delayed on a Valid Claim
If your carrier delays your settlement, and without a valid reason, the insurance company is most likely acting in bad faith. This is a frequent approach to get the insured to give up on the claim, or accept a lower offer to receive the settlement sooner rather than later. Try and avoid this if you can, and speak with an experienced bad faith attorney before you decide to accept any offers.
Threats or Intimidating Statements from Insurance Provider
Regardless of the accident or terms of your policy, your insurance provider does not have the right to threaten you or make intimidating statements to try and persuade you to drop your claim. If you’re presented with unreasonable demands or asked to provide documents that do not pertain to your current case, these are concerning indicators.
While it’s tempting to tolerate poor treatment from your insurance company even for a small offer, if your carrier shows any signs of acting in bad faith, it is highly advised that you consult with an attorney first. This will help ensure you avoid potentially greater problems in the long run and give you the peace of mind you need moving forward.
Compensation for Insurance Bad Faith
If you discover your insurance carrier is acting in bad faith, you may qualify for compensation.
As the insured party, you can file a suit against your insurance carrier for compensatory damages. This is money that is owed to you from the insurer.
In addition to this, you might also be eligible for punitive damages. This refers to money the insurer could be ordered to pay as punishment for their bad faith actions and dishonesty.
Filing a claim does not have to be difficult. In fact, entrusting your situation to a skillful bad faith insurance attorney may very well alleviate much of the stress you may be experiencing.
We are intimately acquainted with the laws surrounding a statute of limitations and procedure for insurance bad faith claims. We can assist with the several of the following initial steps:
- Communication with the carrier, and receiving phone calls on your behalf
- Collecting records, documents, and other evidence
- Draft of complaint and other legal documents
- Locating experts to help prove your case
You shouldn’t have to deal with the added inconvenience of going back and forth with an uncompliant insurance company. We know that your time is better spent recovering your losses, and we will take on your insurance company while you focus on other, more important matters.
Give the insurance bad faith attorneys at Hodes Milman Liebeck a call today at (949) 640-8222 and let us help you get back on your feet.
Do You Suspect Insurance Bad Faith?
You do have the option of filing an insurance bad faith claim on your own, though consider that the process has many parts. A few litigation issues you should be aware of are:
- Witness Discoveries
- Evidentiary Support
You’ll also need to show that the insurer recklessly disregarded your rights (according to your contract) and ignored or denied a claim for a cause that is not stated in your policy.
If your bad faith claim is denied, you can appeal it. For this to be successful, you should not only have a thorough understanding about your policy, you’ll need evidence to prove the insurance company acted unjustly. Be aware of time constraints, as there are limits for how long you have to legally appeal the denied claim.
Even if you decide to file a claim on your own, an insurance bad faith attorney can offer invaluable guidance on the process. Our door is open to you for legal and moral support.
Contact a Bad Faith Attorney In Orange County
In spite of all that you might be facing right now, getting the help of a seasoned bad faith attorney may be the easiest thing you do, and one of the most valuable choices you make. We are a phone call away and have 30 years’ worth of handling claims just like yours. Be encouraged, we can help!
Contact the attorneys at Hodes Milman Liebeck at (949) 640-8222 to receive a free, private, no obligation consultation today.
Experience You Can Trust
For more than 30 years, Hodes Milman Liebeck has provided families and individuals experienced, trusted and compassionate legal representation when they've been injured by another's carelessness or negligence. As a team of personal injury and product liability attorneys, Hodes Milman Liebeck provides focused expertise to build a strategic case against negligent, injurious and willful offenders.
Featured in the News
For their support of the Veterans Legal Institute, Managing Partners Jeff Milman, Dan Hodes and Kevin Liebeck as well as Associate Gabe Houston received special recognition from the State of California, Congress and the United States. The firm has fought relentlessly to protect those who have served the country in matters involving medical malpractice, medical negligence and federal... Read More