A bad faith claim negotiation or denial occurs when the insurer doesn't want to settle your claim for no apparent reason. Here are a few signs that will tell you that your insurer is acting in bad faith:
Using Improper Medical Term for the Denial
You should suspect a bad faith negotiation process if your insurer resorts to using medical terms, which you know are wrong, to deny your claim. For example, an adjuster may claim that your injury is congenital, meaning you have had it from birth. If both of you know that is not the case, then you are dealing with a bad faith negotiator.
Refusing to Investigate Your Claim
Every claim needs to be investigated, whether it is small or big. Even if you will be eventually denied, the denial should come after an investigation. The investigation may be short or long, but it must be there. Therefore, if the adjuster doesn't want to listen to you, and dismisses your demands without even a cursory investigation, then he or she is acting in bad faith.
Lying to You About the Statute of Limitations
This is an underhand tactic that an adjuster may use if he or she wants you to accept the offer he or she is making, and do it fast. For example, he or she may tell you that you only have a year within which to file your claim. If it turns out that the statute of limitations (for your injury) is two years, then you have a bad faith claim on your hand.
Not Giving You a Clear Reason for the Denial
If you suspect that the insurance company is involved in delaying tactics, then you should ask the adjuster to confirm that the prevailing offer is the last one. If there is an offer, then he or she should give you a clear, written reason for the denial. If your claim is denied, and there is no written reason forthcoming, then you probably have a bad faith negotiation on your hands.
Failing to Keep a Promised Payment
An adjuster, as long as he or she is legitimate, is an official representative of your insurance company. Therefore, if he or she promises you that your claim will be paid, then you are supposed to get. Therefore, if you had such a promise, and the pay is not forthcoming, then you should suspect a bad faith negotiator.
If you are convinced that an insurer is acting in bad faith, then you need to report it to the state's department of insurance. If the issue isn't resolved amicably, then you may even have to instigate a bad faith claim lawsuit against the insurance company. That would be a complicated lawsuit that needs the attention of a professional lawyer such as Geoffrey S. Gulinson & Associates PC.
Share15 April 2015
Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.