Insurance Bad Faith Attorney in St. Petersburg
The concept of insurance bad faith can be a tricky one. On the one hand, insurance adjusters have a job to do for their employer, the insurance company, to resolve claims as economically as possible. This only makes sense when your company is trying to make a good profit for its shareholders or members, which is what most companies are organized to do. On the other hand, the insurance adjuster owes a duty to the company’s customer, the insured, to try to resolve claims against the insured, in a manner which minimizes their insured’s exposure to lawsuits and having to pay damages in excess of the limits of the insurance coverage. This duty also extends to the injured claimant in that the adjuster has a duty of good faith and fair dealing to them as well.
There are many insurance adjuster or company actions that can rise to the level of bad faith. Some of the more common ones contained in Florida Statutes are:
- Not attempting in good faith to settle claims when it should have if it acted fairly and honestly toward its insured.
- Failing to adopt proper claims investigation practices.
- Misrepresenting facts or policy provisions for relevant coverages.
- Denying claims without proper investigations.
- Failing to provide reasonable explanations in writing for denying claims or compromised settlement offers.
Any of these, or several others, may constitute grounds for a civil action against an insurance company for bad faith. An insurance bad faith lawyer can assist you in identifying what, if any grounds may be available to institute a bad faith claim or lawsuit on your behalf.
Bad Faith Seen in Auto Insurance Claims
Bad faith is often seen in automobile insurance claims, though it can exist in other types of insurance. Sometimes it happens when the insurer won’t pay you a fair price for your vehicle, or cover the cost of a rental car while yours is being repaired. It is also particularly important to look for it in Uninsured Motorist and Underinsured Motorist claims since your own insurance company may owe an even greater duty to you.
Prior to filing a lawsuit for bad faith, an insurance bad faith attorney will perfect the claim by filing a Civil Remedy Notice of Insurer Violations with the Florida Department of Insurance. The insurer will then be given an opportunity to respond. Sometimes this leads to further settlement negotiations and the ultimate amicable resolution of the claim. Other times it does not, and the claimant must proceed with a civil lawsuit.
If you need a bad faith and personal injury lawyer in St. Petersburg, Pinellas County, or anywhere in the Tampa Bay area to help you navigate the difficult insurance claims process, contact us today.
If you believe you are the victim of insurance company bad faith practices, you will want to consult with an insurance bad faith lawyer, who can advise you of your rights and potential remedies for the violations. As a personal injury law firm in St. Petersburg, we have handled many bad faith insurance situations for our clients over the years. If you need a bad faith and personal injury lawyer in St. Petersburg, Pinellas County, or anywhere in the Tampa Bay area to help you navigate the difficult insurance claims process, contact us today. We always offer a free consultation for any personal injury bad faith claim, and you will pay no attorney fees to us unless you win a settlement or verdict in your claim
The information contained herein does not constitute legal advice as that can only be given by a direct consultation with the attorney after having reviewed your entire matter and relevant documentation. Actual terms and conditions of representation will be contained in the Representation Agreement.