If you ever had an experience of filing a personal injury claim with an insurance provider, you may have faced a lot of difficulty in obtaining what you rightfully deserve. Insurance adjusters use certain tactics that are utterly frustrating, delaying payments, or are sometimes even intimidating and nerve wracking. If a person has been injured in an auto accident due to the negligence or careless behavior of another person, they can file a personal injury lawsuit against them. If the defendant is insured, they will have to file an injury claim and deal directly with the insurance provider of that person.
By law, insurance providers have a duty to handle anyone with a claim in good faith. This includes making genuine efforts to settle the claim for fair compensation within a reasonable amount of time. Unfortunately, insurance companies are infamous for employing various schemes to giving less than the reasonable value of the claim, unfairly denying coverage, or simply walking away.
What is Bad Faith?
An insurance company is said to have acted in bad faith if it does not abide by the state laws or fail to fulfill its obligations that are stated in its insurance policy. To develop a better understanding of bad faith, here are some examples of common acts by insurance providers:
- Not paying the amount owed in a claim
- Not denying a claim within a practicable amount of time
- Not paying the claim in a timely manner
- Putting unnecessary obligations of filing for unreasonable paperwork for processing a claim
- Not defending you against a potential injury claim, including failing to hire a lawyer on your behalf
- Not settling claims in a timely fashion when settlement is reasonable
- Denying a claim without giving proper explanation for denial
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This is just a partial list of obligations that insurance providers must fulfill when dealing with claims. However, these duties may differ among states.
Damages Recoverable in a Bad Faith Claim
You, with the help of your auto accident attorney, can make a bad faith claim against the insurance company for deceptive or unfair acts under the Illinois Insurance Code, 215 ILCS 511. If you can successfully prove your claim, you can receive compensation for damages, including:
- An amount equal to the value of your claim
- Attorney fees
- Double damages in case a violation is found
- Injunctive relief
- Treble damages
Bad faith insurance claims are complex and require strict compliance to rules and regulations pertaining to details of alleged damages, notice of the claim, and filing deadlines.
We put our faith in insurance providers thinking that they will provide us support and protection in our time of need. But in reality, it is completely the opposite. If you are going through a personal injury claim and insurance adjusters are giving you a tough time, you may want to get legal assistance of a reliable and experienced attorney. Contact Mary Ann Covone, P.C., Attorney at Law at 708-246-4911 or online today to schedule a free consultation and evaluate your legal options.