What are the Key Issues in Winning a Bad Faith Car Accident Insurance Injury Claim?

For the most part, insurers cannot reject a car accident claim without a proper reason. However, such rejections happen and in the event the insurer fails to provide a proper reason for the denial, the driver can invoke a bad faith case against the insurer to get additional compensation. The best thing about a bad faith lawsuit is that the plaintiff can get much more than the compensation that he/she had initially demanded.

If the insurance company wants to roll the dice, they may lose. This is where Savannah. GA accident lawyers come into the picture and often times they are carrying a large knife and a cutting board since they are preparing to carve up the insurance company.

Define ‘Bad faith’ and how to prove bad faith?

The term ‘Bad Faith’ is used when an insurance company refuses to compensate a claimant without providing a sound reason for the rejection. If a denial is issued because of assessment error then this does not construe as a bad faith case. Often there is a reasonable basis for such errors and hence you will not be able to establish bad faith. However, when the insurance provider decides to reject a claim without conducting a thorough investigation then it may be considered as a bad faith case.

Remarkable accident lawyers in Savannah, GA say that in this scenario the plaintiff will have to show that the insurer’s investigator ignored or missed telltale evidence that would have made the claim valid.

In many states where stricter laws prevail the plaintiffs have a harder job of convincing the jury that the insurer intentionally conducted a half-hearted investigation in a bid to leave out the evidence that would have validated the claim. Georgia accident attorneys reiterate that if the plaintiff can show a pattern followed by the company of not adhering to claim’s investigation guidelines mandated by state laws, then he or she can win a much larger sum as compensation depending on several circumstances of the accident claim.

Sometimes you find negative patterns. It may be hard to find this negative pattern but it can be done. You saw a negative pattern in Lee Child’s Jack Reacher book called One Shot. This book became the movie Reacher played by Tom Cruise (Tom Cruise is not the person for this role, too small, but that is another topic – Cruise has enough roles he can play) who was called in to investigate a shooting in Pittsburg. The culprit in this story was a construction firm that ripped off cities and counties and companies with construction projects. Reacher figured this out and did something about it: violence ensued and justice was delivered.

Insurance companies, some of them, have negative track records too. You need legal help to get to the bottom of this – if they have denied your claim for fallacious reasons.  

Damages that You can Obtain from a Bad Faith Lawsuit

For the most part, you can recover damages that you had demanded in the initial claim. Accident attorneys in Savannah, GA say that this means that you will receive compensation for your medical expenses, car damage, income loss, pain and suffering, and all other elements included in the insurance coverage that was earlier denied.

Secondly, you will also be eligible to attain consequential damages. Under consequential damages you can claim for damages incurred as a consequence of the denial and this includes the costs of suing the driver and the insurer. Additionally attorney fees, punitive damages which are penalties slapped on the insurer for failing to honor a rightful claim, and damages for emotional trauma may also be granted. In some states a plaintiff is granted statutory damages in lieu of standard damages which is three times the amount of compensatory damages.

How can an insurer defend its stance?

If the insurer provides evidence that the policy owner, you, has intentionally misrepresented facts while applying for compensation then the court may find the denial justified.

An insurer may argue that it denied the claim based on a fairly debatable assessment of the claim. For example, if the insurance company had denied the claim after studying judicial opinions of similar cases or after they were advised to deny a claim by their legal counsel to do so. Often insurers ask for declaratory judgment on a claim. This means they have asked a judge to decide whether the claim is valid or not and in such a scenario a lawsuit cannot be filed against the insurer.

If you are being persistently heckled by an insurance provider, then it would be wise to talk to a sagacious accident lawyer in Georgia immediately. This way you will learn the legal alternatives available. No reason to wait, time is ticking. Make the phone call. Hire a lawyer. You can do so right here: Accident.USAttorneys.com. This digital tool was made for you.