Bad Faith Insurance Claims
How a San Antonio Car Accident Attorney from Our Firm Can Help
Your insurance policy is essentially a contract between you and your insurance company. After entering into the contract, your insurer has a responsibility to act in good faith towards you at all times. If you feel that you have been treated unfairly or cheated by your insurance carrier, come to The Law Offices of David McQuade Leibowitz, P.C. for an initial consultation, to determine whether you have grounds for a lawsuit.
A San Antonio personal injury attorney from our firm may be able to represent you in legal action to recover not only the fair value of your original claim, but also punitive damages if there is evidence that the insurance company engaged in willful misconduct or treated you maliciously. In every case we represent, we follow the motto, "Leibowitz Never Quits," and our team is known for our work ethic and perseverance against any obstacles.
How to Make a Bad Faith Insurance Claim
Many people know that their insurance company has in some way wronged them. What many people don't know, however, is that there is something they can do about it. Despite popular belief, insurance companies are less interested in protecting the best interests of their clients and much more interested in profiting their companies as much as possible. The result is often actions made in bad faith, i.e. actions in which an insurance company attempts to limit or even deny an insured individual the coverage that is rightfully due to him or her.
Bad faith insurance claims highlight the fact that an insurance company failed to deliver the proper coverage AND failed to provide the appropriate notification or justification for this denial. By law, insurance companies are not permitted to enter into an agreement with an insured individual if they do not have the intention of fulfilling it. Proving that an insurance company acted in bad faith can be complex, especially given the aspects involved in these situations. Therefore, making a claim of this nature should only be done under the steady instruction of an experienced lawyer.
The legal details which are used to determine whether or not an individual has cause for a bad faith insurance claim are quite specific. As such, before filing this type of claim it is important to understand the weight that an accusation of this nature carries, and what it could specifically mean for the insured person making the claim. It is therefore imperative that you meet with an attorney before formally taking any type of legal action. Together, you and your lawyer can determine the best course of action for addressing the specifics of your case.
Did your insurance provider follow the rules expected of them?
While other scenarios could arise, there are a few basic rules that can always be applied when determining whether or not a case falls into the category of insurance bad faith. Generally, insurance providers are expected to avoid the following so as to also avoid acting in bad faith.
- Insurance companies are not permitted to avoid the details of an individual's coverage
- Insurance companies are not permitted to deny a claim in order to profit their company
- Insurance companies are not permitted to intentionally undervalue a claim
- Insurance companies are not permitted to purposefully delay the payment of benefits that are owed
Again, there may be other situations that qualify you for a claim of insurance bad faith as well, but the above is a general list by which determination for a claim can be made. We encourage you to connect with The Law Offices of David McQuade Leibowitz, PC to fully discuss the details of your situation. We can help you confidently determine whether or not this is the right course of legal action for you.
Car Accident Lawsuit in San Antonio
Insurance companies sell peace of mind and the security that comes with knowing that if you are injured in a car accident or other type of accident, you will not be forced to shoulder the full financial burden of the situation. Many people fail to realize at the time they sign their policy that the insurance company's primary concern is maximizing its profits, which means selling as many policies as they can, while minimizing the amount they pay on accident claims as much as possible. Common insurance industry tactics which may lead to a bad faith lawsuit include intentionally delaying an investigation, unfairly reducing the value of a claim or even denying a claim without just cause. Bring your case to us, so that we can review the situation and help you take action.
Contact a San Antonio car accident lawyer
at our firm if you believe that you have grounds for a bad faith insurance claim and want to learn what your case is worth.