
“Bad Faith” Insurance Tactics:
What Can Charlotte Area Drivers Do If They Have Been Injured?
If you’ve been injured in an automobile accident, you expect your insurance company or the at-fault driver’s insurer to act in good faith and provide fair compensation for your losses. Unfortunately, insurance companies do not always look out for your best interests. We see it all too often at the Law Offices of DeBrun & Armstrong when representing our clients. When insurance companies engage in “bad faith” practices, you can be left with unfairly denied or delayed insurance claims, which fall short of the compensation you deserve.
What Does The Term “Bad Faith” Mean With Insurance?
“In North Carolina, insurance companies are legally obligated to handle claims fairly, thoroughly investigate claims, and provide timely responses,” said Patrick Campbell, an attorney with the Law Offices of DeBrun & Armstrong. “When an insurance company violates these duties, it’s referred to as acting in bad faith.”
Examples of Bad Faith Insurance Practices Include:
• Unreasonable Denial of a Claim: The insurance company denies your valid claim without a legitimate reason.
• Delaying Payment: The insurer unreasonably drags out the claims process, delaying payments to you when you need them most.
• Offering Low Settlements: The insurance company offers an unreasonably low settlement that does not cover your medical expenses, lost wages, or other damages.
• Failing to Investigate Properly: The insurer does not conduct a thorough investigation of your claim, or purposefully overlooks evidence that supports your case.
• Misrepresenting Policy Terms: The insurance company gives you false or misleading information about your policy coverage or claim eligibility.
These tactics are designed to minimize the insurer’s financial exposure at the expense of the policyholder or injured party.
How Do Bad Faith Insurance Tactics Affect Personal Injury Claims?
When you’ve been injured in an accident, dealing with insurance companies can be stressful, and bad faith tactics can complicate an already difficult situation. For instance, if the insurance company delays paying your claim, you could face mounting medical bills, lost wages, and financial strain. In some cases, bad faith actions can even affect the outcome of your claim entirely. If the insurer denies a valid claim, you might be forced to go through the lengthy and costly process of litigation to get the compensation you deserve. Meanwhile, your recovery could suffer as you try to manage your financial and personal health challenges.
What Should You Do If You Suspect Bad Faith Insurance Tactics?
If you suspect that an insurance company is acting in bad faith, it’s important to take action as soon as possible to protect your rights. Here are steps you can take:
1. Document Everything:
Keep detailed records of all communication with the insurance company, including emails, letters, phone calls, and claims submissions.If you feel that the insurer is delaying your claim, make a note of any missed deadlines or unreasonable delays.
2. Request a Written Explanation:
If your claim is denied or delayed, ask the insurance company to provide a written explanation. They are required to give you a reason for the denial or delay.
3. Seek Legal Help:
An experienced personal injury attorney can evaluate your situation, determine whether the insurer is acting in bad faith, and take legal action on your behalf. In many cases, the mere involvement of an attorney can pressure the insurer to act more fairly.
4. File a Bad Faith Claim:
Under North Carolina law, you may have grounds to file a lawsuit against the insurance company for bad faith practices. If successful, you could receive compensation not only for the original claim, but also for additional damages caused by the insurer’s actions, such as emotional distress and attorney fees.
How An Experienced Personal Injury Attorney Can Help:
When you’re dealing with a serious injury after an accident, the last thing you want is to fight with an insurance company that’s refusing to pay what you’re rightfully owed. The personal injury team at the Law Office of Debrun & Armstrong can help. Services we offer include:
• Negotiating with the Insurer: Your legal team at our firm will handle communication with the insurance company, ensuring that your claim is fairly evaluated and settled in a timely manner.
• Gathering Evidence: If the insurance company is engaging in bad faith practices, our personal injury attorneys will collect evidence that proves the insurance company has acted unfairly.
• Litigating if Necessary: If the insurer refuses to negotiate or continues to delay or deny your claim without reason, your attorney can file a lawsuit to hold the insurer accountable for their bad faith actions.
Insurance companies have a legal obligation to handle claims fairly, but unfortunately, they don’t always uphold this responsibility. If you believe an insurance company is engaging in bad faith tactics, don’t hesitate to contact the Law Offices of DeBrun & Armstrong. We can help you hold the insurer accountable and secure the compensation you deserve. If you have questions about your claim or suspect bad faith, call 704-405-5505 for a consultation. We are dedicated to protecting your rights and helping you achieve a fair outcome.