Tag: Bad faith insurance attorneys

Bad Faith Practices May Bankrupt Policyholders with Valid Claims

Posted by rainmakereditor on November 21, 2019 with 0 Comment

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!

Your Insurance Lawyer Should Be Skilled in the Courtroom

Posted by rainmakereditor on September 19, 2019 with 0 Comment

Even without an insurance lawyer explaining it to you, chances are you understand how the basics of an insurance claim work, and are hoping to stay out of the courtroom. If you have been in a car accident, the police are called, a report is made, and you may have been taken to the hospital for injuries or were treated otherwise. Many of these types of incidents end up leaving you with a sigh of relief as they are fender benders resulting in little need for action, while another could be a full-blown car crash that results in multiple injuries due to the negligence of another party, and could escalate into a full-blown lawsuit against the other party’s insurance company.

If you have been injured or experienced serious property damage, you probably feel a sense of urgency to see the claim settled so you can get your finances and your life back in order—and understandably so. This can also be a very difficult time if you are trying to heal or adapt to what could be long-lasting or permanent damage physically – not to mention emotionally.

The best scenario in such a situation is always to hope that the insurance company is going to pay the claim as quickly as possible and everyone can go on their way; however, claim situations can get complicated at times. There is a difference though between complicated and an insurance company that is attempting to get out of paying your claim and practicing bad faith. Know the signs. Are they delaying the process of dealing with your claim? Has an investigation begun? Or, have you already been outright denied?

You may also be the victim of intimidation tactics from your insurance company. This could include requests for so much documentation you don’t even know where to start – along with asking for information that may seem completely irrelevant. The insurer could even go so far as to insinuate that your claim is fraudulent, delaying payment even further as they send out a fraud investigation team. They may try to intimidate witnesses with aggressive questioning—and you as well. In the end, you may receive a lowball offer that they want you to believe is all you will get, and that you should accept it quickly (which you should not!).

If you are being treated this way, do not try to go it alone! Consult with an attorney from the Bolender Law Firm as soon as possible if you suspect bad faith practices. There is the chance that your insurance attorney could contact the insurance company by phone or by written communication and resolve everything quickly for you. If not, however, it is vital to your case to have an attorney who is skilled in the courtroom, has experience in the courtroom, and will fight to protect you and your best interests.

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. The Bolender Law Firm is here to help you!

I Submitted a Claim and The Insurer Is Ignoring Me

Posted by jbolender on August 9, 2019 with 0 Comment

Insurance is all about risk protection. And although we would like the process to proceed as seamlessly as possible, unfortunately, there can be stress involved from the beginning. Just finding a reputable insurance agent can take some amount of effort, unless you can network through friends and family who have worked with someone for years and had good results. In working with an insurance agent, you should learn about all the different types of insurance and policy coverages, along with understanding what you need and how much it will cost.

Once you have a policy in place, there is the added and ongoing responsibility to make substantial payments to the insurer, whether on a monthly, quarterly, or annual basis, and these are not always easy to keep up with – which is why you expect to get what you pay for in the end. Unfortunately, insurers may not always want to let go of their money, and it can be extremely frustrating to find out that they are not going to follow through on their end of a bargain after you have been so diligent.

Every insurance claim should begin with an investigation. This usually involves the adjuster calling and asking basic questions about what happened and setting an appointment to look at damage if there is any, or possibly to interview you (this could occur over the phone or in person). If you have a substantial case against another party and the insurer, it is in your best interest to have an attorney handling all communication and transferring of pertinent files.

But what about the insurance company or adjuster who seems to make an initial call and then drops the ball completely after that? You may find this to be unexpected and confusing behavior. An insurance company will usually only avoid an investigation altogether if they have made a mistake and forgotten about you due to disorganization within their company—or they are trying to avoid paying the claim altogether. No matter what the case is, if you are getting nowhere with an insurance claim that probably needs to be paid expediently, it is in your best interest to have skilled legal representation to fight for your rights.

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 in Third Party Claims

Posted by rainmakereditor on February 4, 2019 with 0 Comment

Car insurance is a good example of a scenario where third party claims may be involved. And it is up to you to make sure they are covered, up to a point, too, so that they do not come after you personally! Buying insurance is all about risk protection—and considering that traffic incidents on today’s highways just continue to increase, hedging your bets with as much automobile insurance as possible is never a bad idea. And while none of us wants to get into any sort of accident at all, it can be doubly worse if it is our fault. When injuries and property damage are involved, there can also be a great deal of emotional stress and being able to offer financial compensation is key.

Trying to deal with an insurer that is slow in paying a claim may seem excruciating, but such an experience is even worse when they are supposed to be covering an accident where you were found at fault. If your insurance company has refused to settle in bad faith, you could be left extremely vulnerable financially; in fact, you could be sued personally. In some cases, the plaintiff may obtain a judgment against you, making life even worse with the potential for a series of wage garnishments, loss of property, and levying of financial accounts. This is not the time to go it alone! Consult with a skilled bad faith insurance attorney from a law office like the Bolender Law Firm.

If the insurer from your side (or if you are involved in a claim where the other party’s insurer is supposed to pay you) is not responding much at all, you may begin to worry that they are not going to honor the claim. Other signs of bad faith include:

Failure to even acknowledge the insurance claim
Lack of investigation of the claim
Delays with little explanation or unreasonable excuses that hold up all parties involved
Low-ball offers to pay the claim
Intimidating behavior toward you or toward witnesses involved in the case
Intimidating requests for excessive documentation
Outright denial of claim without a valid reason

Bad Faith Claim: Delays and Denials

Posted by rainmakereditor on January 18, 2019 with 0 Comment

Insurance is meant to be your saving grace in the case of a disaster, and most of us would never expect to be on the end of a bad faith claim. This could be an event that is damaging or even catastrophic to your health, your home, your car, your business, or your professional reputation. Protection against such risk is supposed to offer you peace of mind, but there are often numerous complexities behind the purchasing of insurance to include choosing the best agent or agency to deal with, understanding what your needs are, and finding a policy that suits your budget. Afterward, you are ‘protected,’ but still may be struggling to pay exorbitant premiums. This is a problem for many citizens in the US today, and while there is a lot of attention paid to the high sums charged for health care insurance premiums, many other types of policies are difficult for policyholders to afford too, whether you are trying to insurance your residence or a commercial building or a vehicle for yourself or one of your children.

Considering the amount of time and effort you put in to finding the best insurance—and then paying for it—finding out that the insurance company is not holding up their end of the bargain can be extremely disappointing. Along with that, you may be under incredible stress if your home or business has been damaged and you are unable to move forward with daily life as you know it until the claim has been paid. It is important to understand the difference between valid claims issues, however, and those that are caused by bad faith on the part of the insurer. There are many different types of claims denials that are valid, such as lack of payment of premium, a breach of the policy, or lack of coverage.

There are numerous red flags to look for if your insurer is acting in bad faith, to include:

Delays that may be ongoing with little or no explanation
Outright denial of the claim
Requests for enormous amount of information/documentation that may be hard to get
Changes to your policy you were unaware of
Lack of investigation/lack of communication

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!

Understanding Legal Damages: The Different Types

Posted by rainmakereditor on January 16, 2019 with 0 Comment

A legal dispute can erupt for a multitude of reasons in a commercial atmosphere, along with the need for understanding legal damages, whether you might own a construction company, restaurant, retail store, or offer a variety of different services to customers in your area. Even the smallest business may be dealing with a variety of different players in each day, to include:

Business partners
Employees and independent contractors
Customers
Vendors
Landlords
Banks or other financial institutions

While some of these issues may be easily solved in a less formal venue than the courtroom, such as arbitration or mediation, speak to your business litigation attorney about what types of damages you are due, and which route is best for you. While litigation may be the best route for resolution, despite taking longer and being less affordable overall, arbitration or mediation can be very successful. Arbitration is somewhat like the courtroom setting, but decisions are usually reached by the arbitrator much more quickly and while testimony and evidence are allowed, it is much more limited. In mediation, a settlement agreement is reached in a much more casual environment; in fact, some mediators may even agree to meet on weeknights or weekends to cater to busy parties. The mediator acts neutrally, helping the motivated parties to look at different ways of understanding the conflict and resolving it.

No matter how you settle or how justice is served, you should be compensated for what you are owed after negligence or misdeeds on the part of another individual or entity. There may also be concerns about preserving long-terms relationships whether that is for personal reasons or protection of the future bottom line.

Damages from the defendant may be compensatory, paying you back directly for a financial loss—or they may be incidental, due to an indirect loss for you in terms of money. There may also be cases where a breach occurred in a business relationship and damages were considered liquidated but had already been considered and outlined in a contract. Punitive damages are awarded when the other party has done something so offensive or negligent that they are being fined with what could be severe financial punishment—with the outcome also serving to warn others about the consequences of their actions.

Five Valid Reasons for Your Insurer to Delay Claims Payment

Posted by rainmakereditor on January 10, 2019 with 0 Comment

While some insurance and receiving claims payment can be extremely straightforward, purchasing other policies can be tricky; for instance, if you are buying a used car and just want liability insurance with standard limits, you may just be able to call an insurer and set everything up over the phone in less than 30 minutes. All your paperwork arrives over email shortly after or you may receive a hard copy in the mail later, ready to be tucked away in a drawer or file cabinet. Other policies require a lot of shopping, thought, and discussion with your agent, such as health insurance, homeowner’s insurance, commercial insurance, and more. The more assets you must protect—the more complex the policy will probably be.

No matter what type of insurance you buy though, and no matter how complicated it may be to get, one thing is certain: if you pay your premiums on time, you expect the insurer to pay out as promised if there is a problem. When that doesn’t happen, many policyholders become extremely frustrated—and understandably so. And if there are red flags such as lack of investigation, major delays, low-ball offers, and more, you may be ready to consult with a bad faith insurance attorney from a law office like the Bolender Law Firm. And although the insurer may be at fault for not handling your claim properly, there could be other explanations.

Here are five valid reasons they may delay:

Unfortunately, there could be a problem from your end such as late payments or unpaid premiums which caused the policy to cancel or caused complication. This could lead to a denial, ultimately.
They are waiting for evidence or more information in an investigation. They may also need to interview you and go over details regarding a claim.
The company may not be dishonest, but just disorganized. While they may not have any plans to act in bad faith, their office may not be as fast as expected in terms of gathering all the facts.
They may be struggling to pay out one claim after another as quickly as expected if there has been damage due to a natural disaster. This could go either way in terms of a claim just being paid out more slowly than you would like or turning into a bad faith lawsuit with the help of a skilled attorney.
They may be taking time to eliminate fraud as a cause in the case. While most likely you have nothing to worry about, some claims may take longer to assess—like a fire—and if there is any doubt, adjusters may have a lengthier investigation.