Bad faith insurance practices generally refer to insurance companies that fail to live up to their contractual obligations, including compensating claimants in a timely manner. Prime examples include denying claims outright without justification, artificially delaying the claims process, and making woefully low settlement offers.
If you’ve been injured by someone else’s negligence and the involved insurance provider refuses to engage in fair negotiations, you need the professional legal guidance of an experienced Allentown bad faith insurance lawyer at HGSK Injury Lawyers backing you up.
The Basic Elements of Bad Faith Insurance Claims
While no two bad faith insurance claims are alike, every successful claim must establish several basic elements.
The Insurance Company Engaged in Some Form of Bad Faith
An insurance company engages in bad faith in the State of Pennsylvania when they engage in any one of the following:
- An unfounded or frivolous refusal to pay the claimant what they’re owed
- A failure to adequately investigate the facts of the claim
- A failure to effectively communicate with the claimant
- A misrepresentation of the coverage limits or policy provisions that apply
- Delayed payment of the claim without adequate justification
To recover compensation for your losses in a bad faith insurance claim case, you’ll need to demonstrate that both the following apply:
- The insurance company did not have a reasonable basis for its denial of your coverage.
- The insurance company recognized that it did not have a reasonable basis for denying your coverage or disregarded this requirement when it denied your coverage.
Bad faith claims are based on practices that aren’t fair in the eyes of the law. This can involve the insurance company refusing to settle your claim outright, failing to provide you with a reason for their refusal, delaying payment of your claim, or engaging in misconduct while your claim is pending, which can refer to initiating litigation against you in order to evade financial responsibility.
The Legal Remedies Available to You
If the insurance company handling your personal injury claim engaged in bad faith practices that interfered with your right to compensation, there are legal remedies available to you. To begin, you can pursue the value of your original claim, which includes your medical bills, your lost earnings, and your physical and emotional pain and suffering.
You can also pursue compensation for any additional losses you incurred as a result of the insurance company’s actions or failure to act. Prime examples include attorney fees, court costs, and any interest that applies. Finally, in a bad faith case, you also have the right to seek punitive damages. These are designed to punish the insurance company and to deter them and other providers from engaging in future bad faith practices.
Discuss Your Case with an Experienced Allentown Bad Faith Insurance Attorney Today
The formidable Allentown bad faith insurance lawyers at HGSK Injury Lawyers are committed to harnessing the full force of our imposing experience and legal skill in focused pursuit of your case’s best possible resolution. Learn more by contacting us online or calling us at 267-551-8782 and scheduling a free consultation today.