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Can Insurance Companies Be Held Liable for Delaying an Injury Claim?

Posted on behalf of Anderson Cummings on May 04, 2020 in Insurance Lawyers

upset-woman-with-paperAfter being injured in an accident, you expect the insurance company to hold up their end of the deal by honoring your policy in a reasonable manner. However, since most insurers are looking for ways to avoid making large payouts, they will often try to delay the claims process in hopes that you will settle for less than what your claim is worth. Having an attorney could be helpful in these types of situations.

Our Fort Worth insurance bad faith attorneys at Anderson & Cummings have been protecting the rights of injury victims against large insurance corporations for many years. Contact our firm today for a free case evaluation to determine if you are eligible for compensation. There are no obligations or upfront fees.

Ways Insurance Companies Cause Delays

Insurance companies are notorious for finding ways to delay injury claims. However, they are required by law to pay all valid claims within a timely manner. Insurers commonly avoid making immediate payments by:

  • Saying that they are still investigating your claim for an unreasonable period
  • Asking for unnecessary documentation before sending a payment
  • Ignoring your demand letter, hoping that you might accept a lower offer
  • Not paying the full amount for your damages
  • Saying that the terms of the policy are different from what you originally agreed upon
  • Denying your injury claim altogether

These are just some of the ways insurance companies may try to delay your claim. Our attorneys have experience investigating these bad faith tactics and negotiating with insurers to obtain maximum compensation for our clients.

What is Needed to File a Bad Faith Claim Against the Insurance Company?

When an insurer fails to uphold their obligation to treat their policyholders fairly, they could end up paying out significant damages, sometimes even far more than the original policy limits. To file a bad faith claim against the insurance company, the following three elements must be present:

  1. You (the injured victim) or your lawyer provided enough notice and evidence to the insurance company about your claim.
  2. There is a determination of coverage liability. This tells the insurance company how much compensation they are liable for.
  3. There is an assessment of your damages. We recommend letting an experienced lawyer handle this on your behalf.

If the insurance company continues to act in bad faith, they could be penalized by:

  • Having to pay far more than the policy limits
  • Interest added for unexplained wait time
  • Coverage of lawyer fees and court costs for the insured
  • Loss of insurance business license

If additional damages are created as a result of the insurance company’s failure to pay in a timely manner, the insurer may have to cover these costs in what is known as consequential damages.

Seek Legal Assistance to Protect Your Rights

If you were injured in an accident and are not satisfied with how the insurance company is handling your claim, we recommend seeking legal assistance from a licensed attorney.

At Anderson & Cummings, we are ready to hear the details of your claim in a no cost evaluation. We charge no fees up front unless we win compensation on your behalf. There is no need to come into the office for a face-to-face meeting, as we are fully established to handle your claim by phone and online, so you can remain safe in the comfort of your own home.

Give us a call today at (877) 920-9009 and someone from our legal team will contact you shortly after.