How to Win Your California Bad Faith Insurance Claim

Many insurance companies have strict guidelines they follow when processing claims, and many times the claim evaluation protocol skirts legalities regarding good faith claim negotiating. They are all focused on details when it comes to inspecting the injury claim and the incident leading to causation, as duly investigating a claim is a legal requirement and responsibility to their client.

Technicalities can matter when a case is brought in court, and all insurance company claims adjusters understand this possibility. They also understand scenarios that could result in the company being required to provide whole damages as well when responsibility for the injury is obvious.

Bad faith tactics can be used in a variety of ways, including interaction with both the insured party and the claimant. There is potential for legal claims from both first or third parties according to California law, and there is a wide variety of actions or non-actions that could constitute bad faith on the part of an insurance provider. Whether the bad faith is directed at the insured or the injured, recovering compensation will always require representation from an aggressive California bad faith insurance claim attorney who understands the actual applicable laws.

First Party Claims

Insurance providers are required to investigate claims against all of their clients for validity and accurate information. The client is actually the negligent party that typically needs insurance benefits to cover any damages they would be required to pay by the court. Specific issues that could result in a successful claim include and are not limited to:

  • Unreasonable denial of benefits
  • Misrepresenting case facts or policy provisions
  • Failure to respond in a timely fashion
  • Failure to properly investigate the claim

Third Party Claims

Injured claimants can also be victims of unlawful activity by insurance companies in certain situations. Sometimes agents are not receptive to a claim filing and can be difficult to work with from the very beginning. In addition, many insurance companies will record all phone calls regarding claims hoping to use the claimant’s own words against them. Both tactics are technically legal but indicate the general disposition of the provider regarding payment of claims.

Claims adjusters can also be difficult when evaluating general damages for pain-and-suffering, which is normally the most valuable component of any settlement. Specific actions or failures to act by the insurance company can include but are not limited to:

  • Advising a claimant he does not need legal counsel
  • Misrepresenting filing deadlines
  • Threatening to appeal unless accepting a reduced settlement
  • Forcing litigation on obvious valid claims

Contact a California Bad Faith Insurance Claim Attorney

Respondent insurance companies can be held responsible when they do not process claims according to the principles set forth in California law. Never accept the insurer’s words as absolute fact. Contact Nareg Kitsinian and the California bad faith lawyers at the Kitsinian Law Firm. We  understand the tactics used by insurance companies and know how to craft a case for maximum compensation.