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Can I Sue My Insurance Company for Bad Faith?
14 May 2021
Your insurance company may disagree with you on some policies or fall short of your expectations. In some cases, they may try to skirt around paying for your claim, even though it is a legitimate one. If you believe your insurance company acted in bad faith on your insurance claim, there are steps you can take. You can try to appeal to your insurance company first, and if that doesn’t work, you can initiate a bad-faith lawsuit.
Can I Sue My Insurance Company for Bad Faith Advice
It is entirely possible to sue your insurance company when they act in bad faith. This will require the help of an attorney, who will represent you in court.
When Should I File a Bad Faith Insurance Claim?
When insurance bad faith occurs, you can take action and decide that you won’t settle for less. Your insurance policy may dictate the terms of your coverage in plain words, but the insurer decides not to grant you your claim and denies it. If you feel that it completely fits within the terms and they won’t reconcile or accommodate you, then you should file a lawsuit.
Steps to Take to File a Lawsuit
When filing a bad-faith lawsuit, you have to involve the state authorities. This will require multiple steps to prepare before you submit your claim.
Understand Your Contract
Before you get started, make sure that your insurer is actually in violation of your contract and not acting justly. According to Hopepublicadjusters.com, you will need a copy of your policy handy, so you can review it as you begin your claim. As long as you are covered under your contract, you can move forward.
You will need to provide photos that you submitted for your original insurance claim, along with other documentation. This can include receipts, quotes, and other reports. If you have had any meetings or call logs, try to include those as well.
Denial of Claim
You will need proof that your insurance company denied the claim. Have a supervisor at your insurance company review the denial. If they do not appeal the denial, then you can move to the next step. Provide information on all of your communication with the insurance company, as well as the denial response.
Contact State Insurance Regulatory Agency
The state office reviews all contested insurance claims. During this review, your insurer may reconsider your appeal and retract the denial. If this doesn’t work, also document these proceedings in preparation for your lawsuit.
Try to consult with your insurance company before you file a lawsuit. Attempt to provide information on the settlement of your claim in a written letter. In this letter, outline what transpired in your claim and place a demand of how much you believe you deserved. Allow the insurer up to 60 days to respond and send the letter as certified mail so that you have a return receipt. If the time has run out and you receive no response, then you can work with your state’s insurance department.
File Your Complaint
Reach out to your state’s insurance department again and file a complaint. Use all of the information you gathered as your evidence. They will try to find a solution to your issue. You might go through a mediation process first. However, if that doesn’t happen, you can then file a lawsuit.
Begin Your Lawsuit
You can initiate your complaint by stating that it is a breach of contract and a fraudulent contract. You can also state the amount of money you seek as compensation and how the insurance company neglected this fact. You can also add damages under your contract that you experienced due to the insurance company’s bad faith.
Attorney Takes the Lead
Once you submit your claim, an attorney will step in and work with you. They will represent you and look out for your best interests in an attempt to obtain a settlement for you.
Additional Questions On Bad Faith Lawsuits
If you need help collecting evidence and additional information to start a lawsuit, you can speak with licensed professionals who can guide you. With direction, you can streamline the process.
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