There are many options available to people who have gotten into a car accident and suffered injuries. They could be compensated for their specific damages and general damages. In other words, what can be calculated and not be calculated. Third party claims are allowed in many states, and even being able to receive compensation from a driver’s own insurance company, depending on the circumstances of the events.
Previously, good faith had to be applied by insurance companies for those who had a policy of insurance. Good faith has been extended in recent times. Now, any person who makes a claim has to be treated fairly and the insurance companies have to act in good faith, regardless of the person being one of their policy holders or not.
The law might function under different names and have different requirements, and this varies from state to state. There are laws know by “Fair Claims Practices Acts” that some states use. The requirements in some states are not founded by the lawmakers, but instead they derive from legal rulings. When a company does not act in good faith when they are dealing with a person who is filing a claim, it is known as “bad faith”.
Defining Bad Faith
Bad faith comes about when an insurance company did not execute the policy language that was stated., or did not abide by the laws of that state in regards to insurance claims. These following acts are considered bad faith:
- Not paying the claim on time
- Not paying what is owed
- Requesting unnecessary stuff in order to process the claim
- Not explaining why a claim was denied
Every state imposes their own rules and laws about insurance claims. Bad faith can sometimes be limited only to the policyholder of that insurance company, and other states might not even require that. Bringing a bad faith claim if the insurance company acted so, can be done in those states.
What Can I Do if they Act in Bad Faith?
Along with the original claim for personal injury damages, a claim against the insurance company can be done if they acted in bad faith. This claim requires an area of specialized law as it is extremely complex. Bad faith claims are not claims that should be attempted to be handled alone.
Bad faith claims require expert help in that specific area of study. An attorney with that experience will detail all the legal options and rights that the claimant has. Don’t handle this alone, speak to a Miami personal injury law firm who will serve as a guide.