What is "Bad Faith" in Car Accident Insurance Injury Claims?

There are instances when insurance companies refuse to pay Arkansas car accident injury claims in ‘bad faith’. The car accident victim can sue the insurance company to claim additional compensation for the denial. If the driver is able to prove that there is apparently no valid reason behind the denial the jury may reward the victim adequately and Little Rock, AR accident lawyers such as Law Offices of Sheila Campbell will be involved in these proceedings and will not stop fighting for their client until satisfaction is obtained.

What qualifies as a bad faith?

A bad faith case happens when the driver is denied legitimate auto accident insurance without any valid reason. There are instances when insurance companies will simply deny a claim to further their own interest at the cost of driver’s financial distress. Denials usually happen when the driver’s insurance provider is unwilling to pay an adequate amount to cover the cost of accident.

How to prove bad faith in a lawsuit?

When an insurance company has stellar or altruistic reasons to deny a claim then it does not qualify as bad faith. To prove bad faith that policy owner or his or her Central Arkansas accident lawyer must show that:

• The insurance company did not investigate the car accident properly.
• The insurance company purposefully omitted obvious facts and evidence that should have validated the claim.
• The insurance company intentionally conducted a half hearted investigation so that they can remain ignorant of the various laws that would have proved the claim to be valid.
• Finally if the victim can prove that the policy provider has a history of not honoring claims or adhering to state regulations then he/she has a strong chance to win the case.

What are the damages that a driver can expect to get?

A policy owner in a bad faith case can recover the amount the original amount that the victim claimed from the driver in addition to the cost of repairs.

The driver can also claim damages that are legally termed as ‘consequential’. These are the expenses that are the direct result of the denial. For instance, the victim in the crash may have filed a personal injury lawsuit after the insurance provider refused to pay. The driver in order to defend himself must have also engaged the services of a Central Arkansas accident attorney and there is not any better in the business than the Law Offices of Sheila Campbell. The lawyer’s fees, the legal cost of the lawsuit against the insurance company as well as the settlement amount that the driver was entitled to get because of his injuries, can also be claimed.

Not everyone is honorable in this world. Just watch The Wire and see some of those lazy cops in the first season or how those drug killers operate. Or you can read about how the Patriots conduct their business, one cheating episode after another. The Law Offices of Sheila Campbell (http://www.sheilacampbelllaw.com) cannot do too much about those scenarios but if you are having a problem with an insurance company in Arkansas over an accident, you need to contact them. They are the best Little Rock, AR accident lawyers around! 

The driver can claim damages for emotional distress that took root due to the financial uncertainty and legal problems. He or she can claim punitive damages for the insurance company’s negligent behavior. In some states the insurance company must pay statutory damages but since the owner of the policy is prevented from claiming other damages, this type of law in a way benefits the insurance company.

In many states law mandates that the insurance company pay thrice or three times the amount of the original compensatory damages and Little Rock, AR accident lawyers such as Law Offices of Sheila Campbell (http://www.sheilacampbelllaw.com/) will be helping you along the way here.

How do insurance companies defend themselves?

Insurance companies might be able to prove that the policy owner intentionally misrepresented certain facts while filing the claim. The insurance company can also prove that they have conducted the investigation properly and thoroughly abiding by all the regulations and parameters to come to the conclusion. Lastly, the insurance company can seek a ‘declaratory judgment’ at the time the company is threatened with a lawsuit but the plaintiff has not yet filed it. In such a case, the judge decides on behalf of the parties.