Did Your Insurance Company Treat You Poorly?
An Insurance Bad Faith Lawyer Will Answer Your Questions
When selecting an insurance provider, you expect everyone involved to uphold their end of the bargain. If you are paying your monthly premium, then your insurance provider has a duty to operate under good faith. This duty is commonly referred to as the implied covenant of good faith and fair dealing
. Under federal law, it must exist in every insurance contract. However, many insurance companies value their own profitability over the needs of their policyholders. If you believe that your insurance company is operating in bad faith, then you should consider filing a bad faith insurance claim. At the Law Offices of Braid Pezzaglia, our attorneys will work hard to hold the insurance company accountable. After filing an insurance bad faith claim, it is our responsibility to advocate for your interests and negotiate a fair settlement.
For over two decades, Braid Pezzaglia
has worked as a civil litigator. He has collected millions of dollars
for his clients and is well-respected within the San Jose community. His experience taking cases to trial through verdict proves that he is a prolific and productive litigator. When handling an insurance bad faith complaint, he knows to settle when you are given a reasonable financial offer. However, he understands that going to trial can often produce a more positive outcome. His knowledge as a civil litigator will help him make the right decision when handling your case. By contacting an insurance bad faith lawyer, you are putting your faith in good hands. Our attorneys will work hard to address your concerns and obtain a favorable result.
San Jose Insurance Bad Faith Claim Frequently Asked Questions
Why Is Insurance Bad Faith So Important?
If an insurer is acting in bad faith, then you could recover the amount of your original claim. You could also recover an amount greater than your policy limit. Bad faith insurance claims help the insured recover what they are owed. They also help discourage insurance companies from acting poorly in the future.
What Kind Of Damages Can I Recover After Filing An Insurance Bad Faith Claim?
When suing an insurance company for bad faith, you can recover contract, bad faith (tort) and punitive damages. Contract damages are the losses caused by the insurance company’s refusal to pay for a claim. Bad faith damages include emotional distress, lost earnings and medical expenses. Punitive damages are intended to deter the insurance company from acting in bad faith towards other policyholders.
How Do I Recover Punitive Damages In An Insurance Bad Faith Claim?
To recover punitive damages, you must show compensable damages resulting from a bad faith action. You must also prove that the insurance company acted with malice, oppression or fraud. This malice, oppression or fraud needs to be approved by a managing agent at the insurance company. All three things must be true in order to recover punitive damages.
What Steps Can I Take To Support My Claim?
If you want to support your claim, then you should start gathering evidence. Taking pictures and video of the property damage is a great first step. Securing witness testimony is also highly recommended. Anything you can use to substantiate your claim should be brought to your attorney as quickly as possible.
How Much Is My Claim Worth?
When litigating an insurance bad faith complaint, it is often difficult to determine the value of a fair settlement. As a case unfolds, additional information will usually become available. This will cause the potential value of a claim to fluctuate. However, the plaintiff in a bad faith case can seek restitution for the initial damages. They can also seek restitution for any losses that occur because of the insurance provider’s actions.
When Can An Insurer Deny A Claim?
Insurance providers do have the authority to deny a claim. However, they can only do so when a legal foundation is present. The insured must follow the rules of the insurance contract. If there is a legitimate violation of the insurance policy, then your insurance provider could reject your claim. You should always check with an attorney after being denied a claim. He or she can help you determine if the insurance company was acting in bad faith.
What Should I Do If My Claim Is Delayed Or Denied?
If you believe that your insurance company is acting in bad faith, then you must retain legal representation. There are statute of limitations placed on filing bad faith claims and lawsuits. An experienced attorney will help you throughout the legal process and make sure that your rights are protected. Sometimes, you only have one chance to hold the insurance company responsible for their actions. The right legal representation can help you take advantage of this opportunity.
What Is The Difference Between A First And Third Party Bad Faith Claim?
First party bad faith occurs when an insurance provider unfairly withholds benefits from a policyholder. Third party bad faith occurs when the insurance company fails or refuses to settle your claim within the policy limits. When this happens, you become liable for the excess, and the insurance company can be held liable for damages.
Can You Provide Examples of Bad Faith Tactics Used By Insurance Companies?
Many insurance providers will slow the investigation of your claim. They do this to avoid paying or to force you into taking a reduced settlement. They could also use biased experts when attempting to evaluate your claim. An insurance provider may refuse to pay the undisputed portion of your claim. This is done so you will accept a reduced amount for the disputed portion. An insurance provider may ask you to waive rights or agree to restrictions not in your insurance contract. You would do this in return for them paying you an undisputed portion of your claim.
Am I Able To File A Complaint If I Have Health Insurance Through The State Government?
The Department of Managed Health Care
(DMHC) and the California Department of Insurance
(CDI) oversee Covered California
health plans. The DMHC regulates the majority of Covered California health plans. If you believe that you are being unfairly treated, then you can file a consumer complaint with the DMHC. An independent medical review (IMR) will occur, and your case will be evaluated.
Insurance Troubles? Contact An Insurance Bad Faith Lawyer Today
Although most people are skeptical of insurance companies, an insurance provider always acts in bad faith at the worst possible moment. Most people never have problems with an insurance provider until they actually file a claim. Unfortunately, that is when the money is needed the most. An insurance bad faith lawyer will help you push back against the insurance company and receive substantial financial compensation.
If you have questions about your insurance claim, then you should contact the Law Offices of Braid Pezzaglia
today at (408) 752-5834 and schedule a consultation. You can also contact us online
and send us a message about your case. We will answer all of your questions and give you feedback about your bad faith insurance claim.