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 your claim has been unreasonably denied this can only add more stress and consume your valuable time.
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 it fails to uphold their contractual duty to the policyholder. 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 have extensive knowledge of how corporate insurance companies try to cheat their customers out of what they may be owed, and HM continues successfully fight on behalf of clients just like yourself to ensure they receive what their policy states.
It can feel intimidating to think of taking on a large, billion-dollar insurance company, but this is what laws have been written to protect consumers. Having an advocate on your side does make this process far easier to understand.
Not sure you are ready to file a claim against your insurance company? As with most clients who contact us for the first time, you likely 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. Each case often has details that can make it as unique as the human fingerprint, so for the most reliable legal advice, it is best to take advantage of a confidential consultation.
Contact the attorneys at Hodes Milman 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 often stated as “insurance bad faith”) claim is filed by a policyholder 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. 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
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, however, you are 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 legitimate reason to contact an attorney.
Poor or No Communication from the 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.
Tip: Be aware of a sudden lack of communication, as it could be a sign your insurer is attempting to delay your claim past the statute of limitations.
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 more quickly. 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 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 peace of mind 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 more important matters.
Give the insurance bad faith attorneys at Hodes Milman a call today at (949) 640-8222 and let us help you resolve the matter in less time and without the hassle.
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 of handling claims like yours. Call today and tell us your story, we want to help.
Contact the attorneys at Hodes Milman at (949) 640-8222 to receive a free, private, no obligation consultation today.
Experience You Can Trust
For more than 30 years, Hodes Milman 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 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 and Dan Hodes 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