Any time you suffer a loss that is covered by insurance, the insurance company is legally bound to act in good faith when reviewing your claim. However, there are times when the insurance provider fails to abide by the law and outright rejects a claim without exercising the good faith required during review. This can happen for a personal property claim if your home is damaged by a storm, in a medical situation where the insurance company wrongfully refuses coverage for a procedure or lifesaving medication, or in an auto accident where the victim is denied reimbursement for their injuries. A bad faith insurance claim is a special kind of claim and requires the help of a qualified personal injury attorney.
An insurance company that acts in bad faith may have to pay the victim for actual damages, emotional trauma, and punitive damages. We work with our clients to develop a strategy that works, and look at these winning strategies for bad faith claims:
- For damage to your home: we recommend using an independent appraiser or engineer of your choice, because the insurance company does not work for you and will not be looking out for your best interests when having your property examined.
- For refusal to pay a personal injury claim: obtain an independent medical opinion from a qualified and reputable doctor. The insurance company is likely to request you undergo an examination from a physician who reports to the insurance company, and having a second opinion from an independent doctor helps prove you have suffered a reimbursable injury.
- For refusal to pay for necessary procedures or medication: enlist the assistance of a qualified professional to go over your policy and determine if the refusal was within the bounds of what is covered, or is outside the scope of your policy.
It is always best to have a knowledgeable attorney tackle a denial of a claim from the outset. The first step is to make written demand as to why the claim was denied, so a paper trail can be created with specific detail regarding the basis for the denial. You are then able to analyze what should have happened versus what did happen and make a case for bad faith denial. The law does prohibit insurance companies from certain types of behavior, and if your record shows a violation of these laws your attorney should review the facts for bad faith.
If you have suffered a loss and believe the insurance company acted in bad faith, call the attorneys at Yetnikoff Law Offices, PLLC for help. Call us at 800-279-6331 or visit us online for more information about how we can help you today.