Your car insurance company has a duty to protect your interests in the event of an accident, and yet that is not always the case. Unfortunately, it is all too common for an insurance agency to be more interested in safeguarding its pockets than those it represents. When this occurs, the company is acting in “bad faith,” but you do have legal options for recourse. A Miami personal injury lawyer can guide you through these options, but you must first know how to identify unjust actions in the first place.
Signs of Bad Faith Practices
One of the first red flags you should look out for is a failure to investigate the accident properly. If the company has not presented the findings of the investigation to you or has not conducted an investigation at all, be sure to call this into question. Your insurer may also be responsible for defending you if another vehicle was involved in the crash, and failure to do so when the policy stipulates this is grounds for legal action. On the other hand, if an investigation has been conducted and you submit a claim that is valid and falls within your coverage, your insurer would be acting in bad faith if that claim is denied or settled for an unreasonably low amount.
Other bad faith actions fall within the communication process. If your insurance agency is ignoring calls or emails regarding your case, you can hold them accountable. The same is true if your insurance agent has misled you or even used threatening language in communications. Finally, if they fail to provide reasoning for settlement offers or claim denials, you may have a case for a personal injury lawsuit.
How to Seek Justice
If you suspect your insurance company is acting in bad faith, a local personal injury attorney should be your first call. If your policy has not been honored, you could have a case for a breach of contract lawsuit. Tort could be the basis for your lawsuit as well if you can show that the insurance agency’s actions caused you harm. Your lawyer can advise you on whether you have the evidence needed to prove your case in civil court. On that note, one should keep careful records of all communication with their insurer regarding the accident. The more details you are able to provide, the more likely you are to achieve a favorable outcome.
Are you a victim of bad faith insurance practices? Schedule a free consultation with a Miami personal injury lawyer at Graham Legal today to discuss your case. Together, we can get the justice you deserve.