Category: Insurance lawyers

Insurers Acting in Bad Faith Demonstrate the Highest Form of Negligence

Finances may be a distressing topic as property damage/repair bills or medical bills (or all of it, all at once) continue to flow in at a distressing rate and your insurance company seems to be practicing negligence. Without a prompt settlement from an insurer looming, you may not be able to pay for anything upfront and this can be extremely distressing if you still need to have more medical procedures performed or need to buy a new car, have more repairs made—or are waiting on something like a homeowner’s claim to be paid and are trying to make your home liveable again.

If your insurance settlement seems to be delayed or tied up in red tape for some reason, you may be wondering how long you can hold on before many different aspects of your life begin to fall apart further; however, if you then find out that you aren’t just dealing with normal delays but rather a full-blown bad faith issue, it is time to consult with an experienced insurance lawyer as soon as possible to get answers, and results—even if you must file a bad faith insurance lawsuit.

Without a settlement, you may not be able to pay for anything. This could be further exacerbated by the inability to go back to work if you have been injured and unable to return whether temporarily or permanently. While just a short time ago you may have had no problem at all paying your bills and enjoying some disposable income too, suddenly you may have trouble just supporting yourself and your family enough to buy the basics.

Bad faith practices demonstrate an enormous amount of negligence because people have the potential to be devastated by such behavior. While individuals profiting from insurance premiums can live in great comfort, some policyholders—the very ones who helped those in the insurance industry accumulate such wealth—could be devasted on several levels when the agreement that was made and signed off on in an insurance policy is not maintained. If you are enduring such hardships, it is imperative to call on an experienced attorney from the Bolender Law Firm as soon as possible.

Typical red flags include:

  • Outright denials with very detail in explanation
  • Delays which may be accompanied by unreasonable excuses
  • Low-ball offers
  • Harassment and intimidation toward you and any possible witnesses
  • Requests for excessive documentation
  • Accusations of fraud

If you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm. If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

bad faith

Bad Faith Practices May Bankrupt Policyholders with Valid Claims

If you have filed a claim with your insurance company, chances are you are waiting to hear back as soon as possible, as this is not a situation you have—or are able to—put on the back burner–even though it may seem like that is exactly what the insurance company is trying to do to you while you go bankrupt. The differences between an insurer acting in good faith and one doing the opposite are usually glaringly different, and quickly apparent too.

In most cases, an insurance adjuster (whether from your company or that of another party who may have caused property damage or physical injury to you by way of an accident) will be calling right away to gather facts about a case and open an investigation to oversee expedient resolution for you as a policyholder. In some cases, however, an insurance company may be disorganized on the job or practicing bad faith altogether. There are varying degrees of this behavior, but should you pursue a lawsuit against them, any of this bad behavior can land them in hot water in court.

In a normal situation, a typical homeowner’s claim or a car accident claim, for example, should be an open and closed case, assuming there are no problems on your end. If this is not happening, you may be confused and even on the verge of panic regarding your finances. This may be especially true if you have been forced to front out large sums of money to pay for medical bills due to physical injury or property damage.

Medical issues are the number one reason consumers in the US file for bankruptcy each year, with car accident injuries playing a large role. Such an unexpected event is in many cases one of the most traumatic events that can happen in a lifetime, and to have physical pain exacerbated by financial worries may seem unbearable. If the insurance company is acting in bad faith, you may feel like you have nowhere to turn as you are experiencing unreasonable delays, denials that make no sense, and varying forms of harassment—even to include demands like ongoing requests for excessive documentation so they can prove your claim in not valid but rather, motivated by a need for money.

If you do receive a settlement, a large portion of that will probably go to those you are indebted to, depending on your claim. If you have been injured, you may even need to reserve some of those funds for more procedures or surgeries in the future. If you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.

If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

 

witness

Understanding the Role of the Witness in a Car Accident Case

If you have recently been in a car accident or even if you were just witness to a terrible wreck, you may be going through one of the toughest times of your life; in fact, even a minor fender bender can cause trauma too as you may keep reliving the event in your mind, from the surprise of the crash to hearing the sound of squealing tires, breaking glass, and feeling the subsequent flow of adrenaline that can take quite some time to subside.

More serious accidents may result in emotional harm, as well as causing major physical injuries such as concussions or traumatic brain injuries which could be long-lasting or even permanent, spinal injuries which could result in partial or complete paralysis, soft tissue damage, broken arms and legs requiring surgery, cuts and contusions, and much more.

If you have filed a claim against the other party’s insurance due to their negligence, you may be very concerned about the outcome. And witnesses could play a critical role; in fact, they may make or break a case due to what they saw. Usually, such individuals can offer an expanded view of the incident. This can be incredibly helpful, as otherwise, it is just your word against that of the other party—although evidence may be in place that is compelling too.

If it looks like your case is going to trial, you may be relying on one or more individuals who were there and saw what happened during the accident. The key is to approach them on the scene, directly afterward, as these are people you may never see again. That may not have been possible if you were seriously injured, and witnesses could simply walk away with no one ever even knowing they were there unless law enforcement spoke with them and asked for their contact information, including it in the police report.

It is important to understand that the witness is not under any obligation to testify in your case. They are not legally obligated to give you their information, speak with you further, or unfortunately, help you in any way. The hope is that most people will understand how important their viewpoint is, especially because they should be neutral with absolutely nothing to gain, giving a third-party report.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate levels. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

exclusions

Exclusions are Written into Policies to Protect the Insurer—Know What They Are!

As a policyholder, it is critical to understand exactly what you are paying for, and what is covered in the case of an accident or event that requires you to file a claim. Although the process sounds simple enough if, for example, you are going to buy a new home: one of the initial steps is to begin researching insurance and then purchase a policy. In order to protect your assets, the process may be anything but easy though. Unless you have purchased many homes before or dealt with other insurance policies, you may have quite an education ahead of you as you attempt to protect your assets—and especially as over the years insurance companies have become even more savvy about protecting themselves.

Beginning with finding the proper insurance agent to work with, you may embark on a new business relationship with someone who will be assisting you for the rest of your life. You may have discovered your insurance agent through word-of-mouth, advertising, or other professional avenues—but don’t be afraid to conduct ‘interviews’ to make sure you have the right fit, especially if your insurance needs are more complex and will probably continue to be so throughout the years.

In other cases, gaining insurance may be as easy as making a phone call and discussing your requirements over the phone. You may not ever even meet the person helping you attain insurance, but the important note is to make sure that you are being provided with exactly what you need. The worst mistake you can make is to go forward with an agent who does not know what they are talking about, or one who lacks serious experience. Most likely, you are protecting assets that you worked very hard for—and chances are you do not want to put them in unskilled hands.

The insurance policy is a legal document, and obviously it is not particularly exciting to read; however, you must understand details like exclusions, and how they could affect you later. A good example of an exclusion on a homeowner’s insurance policy would be earthquake coverage. For something like this, it is important to know what types of disasters your home is not covered for and whether you may need to buy additional coverage, or an additional policy. Storm coverage is another area where there may be different exclusions for wind or flood.

Understanding your insurance policy and the exclusions that may be held within is about more than simply educating yourself and being forced to read a long and perhaps boring document, but it is also about the difference between being fully covered or having to pay an enormous out-of-pocket expense.

If you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm. If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

denial

Insurers May Reconsider Their Denial Once You Have a Lawyer

Most of us purchase insurance either because we are required to or because we are trying to protect our assets, warding off financial devastation in the event of a catastrophe, and never imagining a denial over a valid claim. Car insurance is a good example as so many states do require motorists to have insurance before they get on the road. Even in the face of no requirements for insurance, however, most responsible individuals will purchase coverage anyway, to fend off any impending financial disaster—hoping to avoid paying out thousands of dollars for what could just be a fender bender requiring new parts on the new car. The bottom line, no matter what—and for everyone involved in the end—is that insurance is all about money. In most cases, the insurance companies make out very well, collecting premiums without ever having to give anything back to the policyholder, meaning they look forward to one gold mind after another.

Insurance companies bring in billions of dollars in profits every year, and because they realize how lucrative it is not to pay claims, in many cases they do everything possible to keep their money in the bank. You may be paying for car insurance, homeowner’s insurance, commercial insurance, commercial vehicle insurance, general liability, professional liability, and a wide range of different premiums. It is rare today that anyone lives such a simple life that they are just paying for insurance on a car.

Once you have been affected adversely by an accident, damages, or if you were being sued at your business or are the defendant in a professional liability lawsuit, you expect to cash in on all those months—or years—of payments, and get some major help. This is the time when you expect the insurance company to follow through on all their promises, whether made to you in person by the insurance agent, through commercials, literature, or more. Unfortunately, much of that is simply marketing, and even the best insurer may delay or give you a hard time about paying out a substantial claim. It is, however, in your best interest to hire an experienced insurance lawyer and surprise the insurer. Suddenly, they discover that they are speaking with your attorney instead of you, and they may straighten up quickly. It is not a good idea to try and take on the insurance company on your own in any instance.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

bad faith insurers

Are Bad Faith Insurers Ever Really Punished?

If you are under the impression that the wealthy insurance company usually wins, you are right, but dealing with bad faith insurers is another story altogether. And for a consumer or policyholder to win a battle against a large corporation raking in billions of dollars each year, the odds are stacked against them if they do not have skilled legal representation from a firm like The Bolender Law Firm. If you are currently experiencing issues with your insurance company over an important claim, do not try to go it alone! Such an endeavor requires resources, an extensive base of knowledge and familiarity with such cases, along with years of expertise.

Bad faith practices from an insurer could consist of any number of disturbing and infuriating types of behavior—from the typical, outright denial (and in some cases with an adjuster denying a claim without even looking at it), to unreasonable delays that are frustrating and occur with no good explanation, and other ploys like requests for excessive documentation—even to include strange requests like tax returns. While such requests may be made primarily to discourage you from pursuing a case, such information can also be used against you if they are hoping to prove that you may have filed a fraudulent claim due to financial problems.

With the representation of a skilled bad faith insurance lawyer who will act in your best interest, punitive damages may be awarded by the court. And while there is some punishment for the insurer, it may not equal much more than the amount of money you already put in as a policyholder, in the long run. Even if they are forced to extend some cash at their own due to penalties, in most cases such financial punishment is still nominal in the face of the billions they are bringing in. Punitive damages are meant to hurt the insurer however, making an example of their negligence and misconduct, and discouraging them from acting in bad faith in the future.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

fraud

Is the Insurance Company Insinuating Fraud Due to Your Financial Issues?

One of the worst parts about dealing with an accident that brings on an insurance claim is the element of surprise—and for sure, it’s not a good one–especially if you find an insurer is acting in bad faith or even accusing you of something like fraud. A car wreck is a perfect example. For most of us, any day is busy, and as we travel along our neighborhood streets or city highways, our usual goal is to get to work and then come home, along with completing errands, and getting children wherever they need to go, safely. Dealing with a car accident is much more than an inconvenience. It could even be catastrophic, resulting in serious injuries or fatalities.

Most of us are aware of the basic steps to take after a car accident, from seeking medical care to calling the police and sharing contact information so that we can file an insurance claim in a streamlined manner and with evidence—including everything from photos of the damage to the details of the police report to contact information for witnesses who were on the scene at the time; or, you may have endured some other type of disaster such as damage to your home. Homeowners’ claims are particularly devastating not only because as they say, home is where the heart is, but also because this is where you want to live and need to rest. To be uncomfortable in your own home or forced to leave in the case of damage can be incredibly stressful. To have unreasonable delays from the insurance company in the face of such distress can be extremely frustrating too, leaving you at your wits end.

While you may have done everything just right from beginning to end, from researching your insurance needs and finding an insurance agent, to paying your premiums, keeping up with your policies, and filing any claims in a timely manner and in good faith, the insurance company may not respond how you would expect or want, and especially if they are in the habit of practicing bad faith. This is often demonstrated with outright denials, unreasonable delays, and lowball offers, but there are many other forms of bad faith.

Unfortunately, intimidation of policyholders is all too common too, and you may be experiencing one of the most aggressive tactics, which is to accuse you of fraud. While just asking for excessive documentation or delaying indefinitely could be enough to cause some policyholders to get sick of the process and walk away—giving up thousands of dollars in the process—accusing someone of fraud (which could be a felony) takes the process to a new level.

The insurer bringing in a fraud investigation unit means more delays, plus the opportunity to put you in the hot seat. In the beginning, your claim may have seemed very straightforward, but in the face of such aggressive action, you may wonder if it was worth filing a claim when you are suddenly being asked to give tape recorded interviews, submit to many questions, and perhaps even give an examination under oath. This is when the process becomes scary, and you should not be navigating it alone. Consult with a bad faith insurance attorney who knows how to handle large insurance companies and will act in your best interest when they are not.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

legal representation

Insurers Behave Much Differently When You Have Legal Representation

After a car accident, no matter how mild or severe, you expect your insurance company to be there to help without having to enlist legal representation. This is exactly what they are paid to do, after all—and paid well according to ongoing statistics that show billions of dollars of profits pouring into the insurance industry annually. You are probably already aware that the insurance industry is definitely set in the favor of massive corporations living off consumers who many times are living paycheck to paycheck but still invest in insurance for the peace of mind in having protection of assets, even if that just means one or two cars.

The point is that we would all like to see everyone treated fairly by insurance companies, but that is not always the case—and without a skilled injury attorney or insurance lawyer, you may not receive the same level of respect from the insurance adjuster, who has a lot of power in the claims process.

Most of us are aware of our responsibilities before a car accident occurs. As policyholders, we are expected to pay our premiums, keep up with the details in our policies and uphold what we promised, and we are supposed to act in good faith, being honest and factual in the case of a claim. Most policyholders are very good about this from beginning to end, but unfortunately, insurance companies have become famous for giving the average consumer the short end of the stick.

On receiving a claim, the general idea is that the insurance company will act in good faith, take all the information into consideration, and generate a fair payment for any damage that is covered under a policy, settling a claim expediently. Sadly, even the best insurance agencies may drag their feet or delay or even treat a policyholder poorly if there is a substantial claim at hand and no legal representation. This is because insurance companies are fixated on the bottom line—not your best interests. If you are out there operating on your own—hoping to beat an insurance company in the legal system—you may be in for a very rude awakening, and especially if there is a substantial claim hanging in the balance. Remember: an insurance adjuster’s goal is to open and shut the case as soon as possible, with as little time and money expended on you as possible.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

policyholders

Insurance Claims: Policyholders Usually Have a Sense of Urgency

In nearly every case for policyholders, the insurer will have a great sense of urgency about getting a policy set up quickly—connecting customers with an insurance agent, finding out what lines of insurance are required, and then waiting for that check—often a hefty one! And while you are being offered a ‘product,’ and an important one in terms of risk protection, the process is mainly about the insurer getting your money. Nothing happens without your payment, and nothing stays in effect without you getting those payments in right on time—and we all know how quick an insurer is to cancel due to lack of payment or lack of action on the part of the policyholder.

Once a claim has been filed, you will also have a sense of urgency to see action and payment—but on your part, the overall situation could be dire due to a recent accident, extensive property damage, or an issue that may have been considered catastrophic. An insurance settlement will normally help cover all the bills caused by such an unexpected event. As a homeowner, if damage occurred at your home, it could have been so bad that you were forced to leave and stay elsewhere. No matter what your accommodations are outside of your home though, it is extremely stressful—and often extremely expensive—to have to leave. You may also be extremely worried about rebuilding if there was a fire or flood or other devastating problem.

In most cases, we do expect the insurance company to be on the up and up and to be expedient about paying the claim; after all, they expect fairly perfect behavior from us—so why can’t we have that in return? If you are experiencing unreasonable delays, a complete lack of investigation of your claim, or an over investigation of your claim where an insurer may even be accusing you of fraud, consult with an attorney from the Bolender Law Firm right away. Other signs that you are dealing with bad faith include intimidation tactics toward you and witness, lowball offers that the insurer is aggressive about, and of course, outright—and unfair—denials.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Insurance Claim Issues: When a Hit-and-Run is Involved

When an insurance claim erupts, you may be worried about how smoothly everything will get ironed out; after all, there have probably been piles of bills stacking up during the interim, with more to come. This can be especially true if you were injured. A car or motorcycle crash is an example of a typical accident where a payout is required from another party’s insurer if the driver is found to be negligent—and significant sums can be required. Automobile insurance is supposed to be there to pay out regarding liability if you cause a car accident that hurts someone else or damages their car—and vice versa. In the case of a hit and run, you may be confused and very worried about how the claim will be paid.

After an accident, other motorists may have stopped to help you, and the police may have been called. This means you may have much-needed assistance and attention after the incident, but the other motorist has fled. In most cases, a hit-and-run driver is never found, which means their insurance company (assuming there might be one), is never found either. The responsibility falls on you—and your own car insurance policy. This type of scenario outlines clearly why it is so important to always call the police and file a report, because that is the only evidence you have of the hit-and-run, so that your own car insurance policy and your insurance agency should have no problem providing payment for your property damage.

Not only that, there could be extensive medical expenses. You may not be able to go back to work, and you may need restitution for lost wages too. Often, a hit-and-run driver may take off when they realize the severity of the accident, meaning that they could be leaving you behind in significant physical pain. They may also leave you in financial pain as you are responsible for paying your deductible and perhaps some parts of the claim that are not covered in your policy.

The situation can worsen if your insurer is not quick to respond and honor your own policy for paying the claim. While this is the last type of stress that you need, it is all too common, and immediate ‘bad faith’ red flags should erupt if there are strange delays or little communication. While an extensive investigation could be worrisome regarding bad faith, no investigation at all usually indicates a problem too, along with any suggestions of fraud.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!