Advocating For Consumers’ Rights In Bad Faith Claims
Consumers who purchase insurance coverage do so in good faith, meaning that by paying premiums in full and on time, insurance providers are expected to uphold their obligations to handle claims fairly and in a timely and competent manner. When insurance companies fail to uphold their legal duties, injured victims can be subjected to a number of additional burdens.
Although insurance companies often fail to fairly handle policyholders’ claims, the legal system does provide certain legal avenues wronged insurance policyholders can use to hold insurance companies liable and recover their damages.
Turn To An Experienced Attorney For Assistance
If you believe that your insurer has not acted in good faith when responding to your claim, contact me, attorney David T. Duncan. No matter the underlying reason for your original claim, including any personal injury claim, I will fully investigate all of the circumstances surrounding your case.
I listen to what you have to say, and I become intimately acquainted with your unique set of needs and objectives. I work cases diligently and aggressively, and always strive to secure resolutions in your best interests. I want to send a clear message to insurance companies that they must be held accountable and fully liable for their failures to uphold their end of the bargain. Equipped with a wide range of experience, I am prepared, if and when necessary, to fight relentlessly on your behalf during trial.
Examples Of Bad Faith Claims
Common examples of situations for which insurance bad faith claims may be applicable include the following:
- Offering less compensation than victims deserve
- Failing to settle or handle claims in a timely manner
- Unfairly denying claims
Knowing that these actions can severely impact the lives of injured victims and their families, I am committed to aggressively advocating on behalf of wronged policyholders. As a Pleasanton injury attorney, I am familiar with the claim process, the laws surrounding the duties of insurance providers, and the many ways in which they attempt to unfairly compensate victims.
I know how to present a compelling argument upon California’s interpretation of common law bad faith and the state legislation that has shaped statutory bad faith laws. Common law bad faith requires consumers to show that their benefits were unreasonably denied in spite of their having a valid claim. Consumers who believe their insurer broke statutory bad faith laws must show that their insurer did not follow the principles present in the Unfair Claims Settlement Practices Act.
How To File A Bad Faith Claim
If you believe that your insurer acted in bad faith, you are not powerless. You can take these steps to hold your insurer accountable:
- Review the terms of your policy to determine what is covered. Look for exemptions in your policy. These exceptions could affect your settlement and what you’re entitled to receive after your accident.
- Log and retain all communication from your insurance provider. Keep a record of phone calls, letters, email and other correspondence with your provider. In your log, write down the individuals you spoke with on the phone, any delays in correspondence and the topic of each interaction. This information could be used as evidence at a later time.
- If your original claim has been denied or a low settlement has been offered, appeal it and request a review of your denial.
- Send a demand letter. An attorney can help you craft a demand letter that establishes your position and notifies your insurer about impending legal action.
- File an official complaint with the appropriate agency, the California Department of Insurance.
Discuss Your Unique Course Of Action With A Pleasanton Injury Lawyer Today
I am actively seeking bad faith cases in order to represent local injured victims throughout Alameda County and the surrounding communities who have been wronged by insurance providers. My goals are to help my clients swiftly and successfully navigate their chosen action and to recover full and fair compensation.
Need A Lawyer For A Bad Faith Insurance Claim In The Bay Area?
As insurance bad faith claims depend entirely on the unique circumstances involved in a case, I strongly encourage anyone interested in learning more about bad faith claims, their rights, and how my firm, Duncan Law Firm, P.C., can be of assistance to schedule a free case evaluation.