Upland Bad Faith Insurance Lawyer

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Upland Bad Faith Insurance Attorney

Car wrecks are stressful enough without fighting your insurance company for a fair amount of compensation. Car claims generally follow the same logic, though companies sometimes make a bad faith move. This means they don’t perform their legal duty to your interest and instead focus on their own. Regardless of how you may have experienced this behavior, it is important that you know your rights and what an Upland bad faith insurance lawyer can do for you.

Understanding Bad Faith

When you buy an insurance policy, you sign an agreement with your insurance company. The implied condition of this contract is that the firm will take claims on good faith; that is, fairly, honestly, and promptly. Bad faith occurs when an insurer violates this obligation, either by simply refusing to accept a valid claim without reason, withholding a claim, or making an offer that is far below the fair market value without reason.

Insurance firms on behalf of third parties, such as the other driver in a car accident, have a lower duty of good faith to you. However, if they act deceptively (like manipulating evidence, intimidating witnesses, or being fraudulent), you might have a bad faith claim.

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Contact Hobbs Law Group 24/7 to schedule a free case review with a personal injury lawyer. You will not pay us anything unless you win.

Recognizing and Proving Bad Faith

Bad faith is not just a dispute over the value of an assertion. It involves more serious misconduct.  For instance, an adjuster who won’t explain to you why they made a lower offer or refuses to accept your claim without conducting the necessary investigation may be acting in bad faith. They can also be guilty of bad faith if they deny evidence that backs up your claim or otherwise misrepresent the terms of your policy.

However, the denial of an insurance claim on the basis of a reasonable, though incorrect, estimate does not inherently involve bad faith. It all depends on whether the insurance company was unreasonable or motivated to evade its contractual obligations.

In California, the burden of proof rests on the policyholder. They must prove that their claim was valid and the insurance company acted unfairly, unreasonably, and without good reason in their assessment.

Damages Available in Bad Faith Cases

If you file a bad faith claim, you may obtain compensation for the following damages:

  • Compensatory damages: These include the amount the insurance company owed for your original claim and any other damages resulting from the bad faith refusal. For example, if you had to file a legal claim due to the denial, you could recover the fees and the judgment amount.
  • Punitive damages: You can even receive punitive damages if you can show how the insurance company was malicious or careless. These are intended to punish the insurer and discourage others from doing the same in the future. However, punitive damages demand clear proof of gross misconduct, not merely inattention or incompetence.
  • Statutory penalties: Under certain circumstances, a person may be awarded statutory penalties. These include compensation for additional damages.

Defenses Used by Insurance Companies

There are various ways that insurance companies can try to protect themselves against bad faith claims. They could say that the denial of the claim rested on a justifiable, contestable conclusion, even if it was wrong. They might establish that the policyholder made a false statement in filing the claim, which could also defeat a bad faith claim.

Furthermore, if the company obtained a declaratory judgment to establish its obligations before denying a claim, it could prevent a bad faith claim.

The key is to be proactive if you think the insurer acted in bad faith. A written report of bad faith may cause the insurance company to back off. While it can be difficult and requires a great deal of evidence to bring a bad faith claim, even the possibility of such a claim can possibly get you a better settlement offer.

How a Denied Insurance Claims Attorney Can Help

An Upland Bad Faith Insurance Lawyer can prove invaluable in a bad faith insurance case by evaluating your situation thoroughly, gathering evidence, and litigating complicated legal matters. They can identify instances where the insurer misjudged or failed to perform their duties, such as refusing claims without investigation or providing unfairly low settlements.

An experienced Bad Faith Insurance attorney in Upland, CA can represent you in negotiations so you can get what you are entitled to. If necessary, they can also go to court to hold the insurance company accountable for their bad faith actions.

FAQs About Upland, CA Denied Insurance Claims Laws

Q: How Much Can You Sue an Insurance Company for Bad Faith?

A: How much you can claim against an insurance company for bad faith is dependent on:

  • What damages you were denied under your policy
  • What you’ve lost as a result of the insurer’s conduct
  • Whether any punitive damages apply in your case

As compensatory damages compensate for actual damage, punitive damages are paid when the insurance company acted grossly or recklessly. The state governs how much the settlement should amount to, and the amount varies from case to case.

Q: How Do You Win a Bad Faith Claim?

A: To win a bad faith claim, you have to show that the insurance company erred in denying or delaying a claim or breached its policy obligations. That involves demonstrating that the insurer’s behavior was unreasonable, like not investigating your case or misrepresenting policy information. An investigation of the insurer’s behavior and documentation of the damages you sustained as a result are vital to your defense.

Q: How Much Is a Bad Faith Claim Worth?

A: The value of a bad faith claim depends on how much damage the insurer caused. Compensation might include what would have been paid under the original claim, costs incurred, and any penalties. Punitive damages may also be available if the insurer acted with recklessness or maliciousness. The total amount will depend very much on the circumstances of the case and the nature of the bad faith claims.

Q: Is Bad Faith Hard to Prove?

A: Bad faith is hard to prove because you must show that the insurance company behaved in bad faith or with malice. Generally, a disagreement on the quality of the claim or an innocent error will not suffice. Your Upland Bad Faith Insurance Lawyer must demonstrate, in good faith, that the insurer withheld or delayed claims, misrepresented the facts, or acted unlawfully, usually through professional testimony and an investigation of the insurer’s behavior.

Contact Hobbs Law Group

If your insurance company acted in bad faith, don’t wait to take action. A denied insurance claims attorney at Hobbs Law Group can help. Contact us today to get started.

Contact Hobbs Law Group 24/7 to schedule a free case review with a personal injury lawyer. You will not pay us anything unless you win.

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