Has your car accident injury claim been denied in "bad faith"? Can you sue the insurer for additional damages?

As per outstanding Miami Dade, FL accident lawyers, when it comes to dealing with insurance companies after car accidents, if and when an insurance company unlawfully denies an auto accident insurance claim they may be held liable to pay the claimant even more than the value of the original claim itself.

Miami Dade, FL accident lawyers know that everyone must be careful out there.

Just because Secretary of States lie, this does not making lying right.

Bad faith and car accident insurance claims

Bad faith, as per legal experts, is the term given to an unfair or unreasonable denial of claim by a car accident insurance provider. For the most part, "bad faith" suggests that the insurance company denied the car accident claim with the intention of advancing their own interests at the expense of the driver’s interests.

If the denial is a result of a mistake by the insurance company, and there is good reason as to why this mistake occurred, then it does not necessarily qualify as a bad faith, according to Florida accident attorneys. In a bad faith case, the driver must prove with supporting evidence that the insurance company denied the car accident claim without even having initiated a thorough investigation of the claim.

Car accident laws, however, vary from one state to the other and in some states the driver may have to prove that the insurance company denied the claim by missing obvious facts and information proving the claim to in fact be valid.

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Depending on the state of jurisdiction, the claimant might even have to show that the insurance company deliberately performed a halfhearted investigation and intentionally missed out certain details so that they can deny the claim.

If you want to see something that was halfhearted you can watch the movie called Remember the Titans. In that movie, there was a high school football team that was experiencing some racial strife. One of the best players on the team was a linebacker named Gerry Bertier (Ryan Hurst). He was the captain and he was also the captain of the white guys on the team. When one of his teammates, a white guy, was not blocking for a black running back and showing a halfhearted effort overall, Gerry, despite this low class racist being his friend, had to kick him off the team.

Gerry was not the coach but he had that type of clout. If an insurance company shows a halfhearted effort in their investigation after a car accident that you were in, they can be held liable for this. This is why you need legal assistance, you need to carry out your own investigation.

Trucks have a lot of mass - certainly when they are loaded up.

Ironically, Gerry Bertier was in a terrible auto accident himself during his senior year which was depicted in this movie. About 10 years later, Gerry Bertier was then killed in another car accident.

Understandably, all of this is easier said than done. To prove bad faith is not an easy task and you will certainly need the professional guidance of a legal pro to be able to gather evidence and prove your claims in an irrefutable manner.

What are the damages available in a bad faith case?

When it comes to what types of compensation a claimant can recover in a bad faith case, Miami Dade, FL accident lawyers point out that the claimant will be able to recover the full value of the initial claim which was denied and also recover consequential damages which were a result of the denial.

Consequential damages include legal fees, emotional distress, and so on.

In cases where the car accident legal counselor of the plaintiff is able to prove the insurance company deliberated sabotaged the claim, then punitive damages may be claimed as well.

Bad Faith Denials

When your car accident claim is denied the first thing is to understand the reasons given in the notice for not honoring the claim. It would be prudent to contact the insurer to get a better idea of why your claim was denied. If you believe that the reasons are not applicable in your case, you may have a bad faith case. Just make sure to reach out to a Florida accident lawyer as soon as possible.

This website Accident.USAttorneys.com did not exist when the Titans were dominating their league and season but it does now. Now anyone can secure a fabulous legal pro and make a wrong into a right. 

Contact us if you have any questions.