How A Philadelphia Accident Lawyer Can Help You Fight A Bad Faith Claim
After an accident, your insurance company is required to act in good faith by settling your claim in a fair and timely manner. If they fail to do so, they could be held liable and determined negligent. In these situations, unfortunately, you’re the only one who pays the price. You could be delayed –or possibly lose out entirely on the compensation you need to make vehicle repairs, get necessary medical treatment or afford expensive hospital bills.
Don’t let insurance companies take advantage of you. If you’ve been involved in an accident and feel your insurance company is not operating in your best interest, contact a Philadelphia car accident lawyer to get you the justice you deserve.
What is a Bad Faith Claim
All insurance companies are expected to follow through with their duty to assist you in a full recovery. In fact, they are required by law to practice what’s called “good faith” while negotiating claims which means that in all circumstances they should be responsive, accountable and above all, have your best interest in mind. Good faith also means that insurance companies must abstain from carrying out unethical or fraudulent practices and unfair settlements.
Unfortunately, it’s not uncommon for insurance companies to intentionally delay or deny claims in order to avoid payout, or in hopes you’ll settle for less than you deserve. That being said, the statute of limitations in Pennsylvania is two years, so it may not be too late to get an experienced accident lawyer to review your case and verify negligence or a bad faith claim.
Causes of Bad Faith Claims
If you believe that your insurer has acted in bad faith, it’s worth exploring your legal options. However, insurers may not be held liable if they simply made a mistake. Instead, you will have to show that they had no reasonable basis for denying your claim, or caused significant or intentional delays.
The following can be indications of bad faith practices:
The claim was not thoroughly, or properly investigated
The claim was not paid within a reasonable time frame
The settlement was not negotiated or communicated within a reasonable time frame
The claim was denied without a reasonable explanation
The insurance company failed to notify the policyholder of required claim information or documents
In most insurance contracts, there are specific provisions binding the insurer to certain protocols and deadlines for claims processing. If they failed to follow these protocols, or neglected to inform you of all the details of your policy, they have acted unfairly and unethically. It’s important to go over these provisions with your attorney so that you can hold the insurer to their own contract terms.
How An Accident Lawyer Can Help You Fight A Bad Faith Claim
When an insurance company acts unlawfully there should be consequences and legal actions. Accident lawyers recommend taking the following actions immediately to support your case.
Get copies of all the claim documents
Escalate the claim to a manager or supervisor
Put in writing that you are pursuing a bad faith claim
Contact your lawyer
If you or someone you love feels your insurance company denied your claim unreasonably, we encourage you to contact our Philadelphia car accident lawyers. The attorneys at the Law Offices of Jay L. Edelstein will evaluate your accident claim for bad faith practices and assist you in getting the justice you deserve. We are sensitive to and understand that these are difficult and stressful times. Let our Philadelphia accident lawyers help you.
Our office is conveniently located in Center City Philadelphia allowing us to easily represent clients in both Pennsylvania and New Jersey. Call us today at 215-893-9311 or 856-809-3150 to schedule a free consultation with a qualified and trustworthy Philadelphia car accident lawyer or contact us online.