If you've been a Victim of Fire or Water Damage
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Although insurance is supposed to compensate people from unforeseen circumstances, there are times when it is not able to because of errors, intentional or unintentional, on the part of the insured or even the insurer. There are insurers who attempt to avoid paying legitimate claims by not undertaking the investigation properly. In the insurance industry, it is called bad faith insurance.
Why There Should Be Adequate Investigation
If you are insured and you lay a claim on your policy because of an accident, the insurer or insurance company should conduct its investigation properly so that you can be paid for what is your rightful compensation. It is the duty of the insurance company to investigate your claim properly so it can give a proper assessment of the liability and damages. The insurer will then negotiate for a proper settlement according to the policy limits. If it fails to investigate the claim adequately, a first-party or a third party claim will usually happen as a consequence.
A first-party claim will result if the insurer denies payment without performing adequate investigation. The insurer is said to be acting in bad faith if this happens. A third party claim occurs when the insurer denies payment due to improper investigation. This indicates that the insurance company was amiss in performing its duty to protect the interest of the insured as it is required by law. All the decisions that affect an insurance claim must be supported by correct information that should be obtained through a reasonable and adequate investigation.
Your Protection Against Bad Faith Of Insurer
Since there is a possibility of bad faith on the part of the insurance company, you as the insured need protection. You have recourse against this sordid practice. It is called bad faith cause of action. If your insurer or the insurance company of the person who is responsible for the damages did not conduct the investigation of your claim properly, bad faith action is your proper recourse. If it is proven that the insurance company did it in bad faith, there is a great probability that you will be able to recover a compensation that will exceed the limits of your insurance policy. It could also include additional amounts for the damages that were caused by the insurer’s failure to investigate the claim correctly, punitive damages and attorney fees.
You Need An Attorney Who Is An Expert In Bad Faith Cause Of Action
To increase their profits, some insurance companies have developed and are using strategies that will enable them to deny claims. These companies are sophisticated in their tactics and have adequate resources to fight attempts that will oppose their deeds. You cannot just initiate any bad faith cause of action against a large corporation such as a leading insurance company without the help of a well-experienced attorney specializing in these types of legal proceedings. Such an attorney can fight the insurance company with the same sophistication and uncover its abusive tactics and be able to ferret out expert witnesses to prove that the insurer’s business strategies do not follow what is generally accepted as industry standards in terms of good faith in the processing of insurance claims.
Don’t Fight It Alone
When you feel that you are having a difficult time in processing your insurance claim and you don’t know what to do, you need to have your rights defended by a lawyer specializing in bad faith insurance. It might be that the insurance company is investigating your claim improperly to the end that it will deny the damages that you rightfully deserve. You may also end up owing additional damages in addition to the limits of your policy. Only an attorney who is well-experienced in bad faith cause of action has the degree of sophistication to fight your legal battle.
You Will Need The Expertise Of An Attorney
Such an attorney must have extensive experiences from inside this industry. He or she must have successfully fought for the claims of insured individuals against insurers using sordid business tactics to deny their responsibilities. This lawyer should have comprehensive knowledge of the tricks of the trade that insurers use to disallow payment of claims by the insured.
It will be better if the attorney has defended insurance companies from bad faith actions before. The experience and knowledge he gained in defending insurers will be used to the advantage of the insured. He will be able to see the loopholes of the law that bad faith insurance has been using to deny claims of the insured. This attorney will have the expertise that can foil the attempt of the insurance company to deny the claim of the insured.
If you are faced with challenges in your insurance claim, call for the help of this type of lawyer. He or she will show you if your insurer has failed to conduct the proper investigation of your case. This attorney will also help you realize if your insurer is handling your case in bad faith.