Dillon Bad Faith Insurance Claims Attorney
If you are injured by someone else’s negligence, you can file a personal injury claim with their insurance provider for compensation that covers your physical, financial, and emotional losses. In the process, you’ll negotiate a fair settlement with the insurance company. If, however, the insurance company isn’t interested in addressing your claim in a fair and forthright manner – in accordance with the laws that govern insurance practices, you’ll need to file a bad faith insurance claim against them, and for that, you’ll need the trusted representation of an experienced Dillon bad faith insurance claims attorney.
Insurance Practices and the Law
In South Carolina, when an insurance company engages in any of the following without just cause and when they do so with such regularity that it indicates a general business practice, it’s considered an improper claim practice under the law:
- Intentionally misrepresenting relevant facts or policy provisions related to coverage
- Intentionally providing claimants with deceptive or misleading information regarding coverage
- Failing to acknowledge claims arising under its policies with reasonable promptness
- Failing to have reasonable standards in place or failing to implement them regarding the prompt investigation and settlement of claims arising under its policies
- Failing to move forward in good faith in their efforts to settle claims promptly, fairly, and equitably, including third-party claims like yours in which the other party’s liability is reasonably clear
- Compelling claimants to file lawsuits to obtain the compensation they are reasonably due by offering substantially less than the amount to which they’re entitled
- Attempting to settle claims for substantially less than they’re ultimately worth, knowing that claimants will have to incur attorney costs to fight the shortage
- Either implementing or threatening to implement policy defenses against the claim – not in good faith but, instead, for the primary purpose of discouraging claimants from pursuing the matter further or for the purpose of artificially reducing the claim amount
- Engaging in any other practice that amounts to an unreasonable delay in either settling a claim or in paying out on a settlement
The bottom line in bad faith insurance claims is whether or not the insurance company acted reasonably within the scope of the industry or not.
Settling a Bad Faith Claim
If you have a bad faith insurance claim, you can seek legal damages – or losses – in all the following categories:
- The actual losses you incurred in the fault-based accident, which generally includes your medical expenses, lost income, and pain and suffering
- Your consequential damages, which refer to losses you experienced as a result of the insurance company’s bad faith, such as if you had to rent a car after a drunk driver totaled yours in a car accident
- The attorney fees associated with your bad faith case, which the judge has the discretion to award
Additionally, the judge or jury can award you punitive damages, which are designed to punish the insurance company for willfully or recklessly acting in bad faith rather than to compensate you.
An Experienced Dillon Bad Faith Insurance Claims Attorney Can Help
Leary McKenzie at McKenzie Law Firm in Dillon, South Carolina, is a knowledgeable bad faith insurance claims attorney who is firmly committed to settling your claim fairly and who will spare no effort in his focused pursuit of fair dealings on the part of the insurance company. Learn more by contacting us online or calling 843-627-4235 today.