How to Determine if an Insurer is Acting in Bad Faith

If you have been hurt in an accident caused by someone else’s negligence, or carelessness, you can file a claim against them to obtain compensation for your medical expenses, pain and suffering, and other losses. When filing a claim, you must file with your own insurance company, or the insurer representing the individual who caused your accident.

In either case, insurance companies are notoriously difficult to deal with. Insurance is big business and companies are more interested in protecting their own profits than they are in helping accident victims. There are many tactics insurers use to deny or unnecessarily deny claims and often, these are considered bad faith. Below, our Tampa personal injury attorney outlines some of the common tactics insurers use.

Missed Deadlines

Insurance companies have very clear deadlines under state law. In Florida, insurance companies have 30 days to acknowledge that they have received a claim and will conduct an investigation. After the initial investigation, insurers have 60 days to approve or deny the claim. If the insurer suspects fraud, the deadline can be extended to 90 days. If the insurance company does not comply with those deadlines and does not provide a written explanation, they may be acting in bad faith.

Continued Requests for Documents

You will have to submit many documents to the insurance company and the adjuster may have a few supplemental requests. However, if the insurer makes repeated demands, particularly for documents you have already submitted, they could be trying to stall the claim. This strategy is prohibited in Florida under the Unfair Insurance Trade Practices Act.

Denying Without Reason 

If the insurance company has denied your claim and has not provided a reason or explanation, they may be acting in bad faith. Insufficient reasons can also indicate bad faith. For example, if you were in a car accident and had to replace your vehicle afterwards, the adjuster may deny your claim because they had not seen documentation from a service technician stating that the car was unsalvageable. If the insurer had not asked for the documentation previously, they should not deny your claim based on that reason.

Lowball Settlement Offers 

One of the most obvious signs of bad faith tactics is a lowball settlement. Insurance companies will always offer the lowest settlement possible, to protect their profits. However, they should negotiate in good faith until you have reached a fair settlement. If they do not, they may be trying to exhaust you so you give up on the claim altogether, or accept a lower settlement.

Our Personal Injury Attorney in Tampa Can Negotiate On Your Behalf

There are many reasons to work with a Tampa personal injury attorney after an accident. One of them is so they can identify bad faith insurance tactics and negotiate for the fair settlement you deserve. At Moore Law, our seasoned attorney has the necessary experience with the insurance companies to fight back against their strategies and ensure your rights are upheld. Call us now at 813-510-5400 or contact us online to schedule a consultation and to learn more.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html