One of the most stressful parts of the aftermath of an accident is communicating with insurance adjusters. While many people put a lot of time and money into their insurance, often adjusters do not always hold up their end of the bargain and act in “bad faith.” Insurers must operate under “good faith,” otherwise known as good intentions, and fairly treat both policyholders and non-policyholders. “Bad faith” is when an insurance company acts unethically and does not uphold its responsibilities.
Many people believe that acting in bad faith is limited to car accidents. However, motorcyclists often suffer from prejudice and stereotypes, which lead insurers to miscalculate their coverage and act in bad faith. You have the right to recover fair monetary compensation. Speak with a lawyer about your legal options and how they may help you receive the justice you deserve.
Common Ways Insurance Companies Act in Bad Faith During Motorcycle Accident Claims
Insurance companies and adjusters are well-versed in motor vehicle accidents and may use their knowledge to discredit and deny fair monetary compensation or coverage. There are numerous ways for an adjuster to unfairly treat and act in bad faith to a claimant, including:
- Refusing to pay a valid claim;
- Making threatening statements;
- Offering less money than a claim is worth;
- Misrepresenting the law or policy language;
- Denying a claim without giving a reason;
- Failing to conduct a prompt and complete investigation;
- Putting insurance company profits over a policyholder’s valid claim;
- Delaying payment of a valid claim;
- Refusing reasonable requests for documentation;
- Delaying or denying decisions on claims;
- Delaying or denying requests for approval for medical treatment.
Trust your gut and contact a lawyer when you believe your adjuster is treating your claim unfairly. Policyholders may trust that their insurance company is acting in their best interests, which is often not the case. There is the risk of losing the monetary compensation you deserve for your injury claim by having an experienced attorney represent you in your claim.
How to Approach a Florida Bad Faith Claim
There are two types of bad faith claims you may file depending on your type of insurance and who is involved: a first-party claim or a third-party claim. For first-party claims, an insurer may unreasonably deny or decline to investigate a claim that pays out directly to the insured party. Suppose a recent hurricane blows through and causes severe damage to your home. If your homeowner’s insurance unreasonably denies your claim, you have the right to file a first-party claim.
However, a third-party bad faith claim is generally more complicated because it involves more than one party and occurs when you submit a claim to the responsible party’s insurance provider. In a motorcyclist accident, the responsible party’s insurance company will compensate for the damage, injury, or loss owed. However, Florida legislation allows the claimant to hold the insurer liable if they breach their duty.
Bad faith claims are highly complex and require a thorough knowledge of the legal process of filing a claim and the individual’s insurance policy. Speak with a knowledgeable and well-versed lawyer to better understand the process and what it may mean for your motorcycle accident claim.
Contact a Highly-Qualified Florida Motorcycle Accident Lawyer at Marsalisi Law
The law requires insurance companies to offer everyone fair and just services. When they discriminate or have preconceived notions about motorcyclists, they may act in bad faith, and you deserve better. Frank P. Marsalisi understands how frustrating it can be to communicate with insurance companies and will represent you and act on your behalf. Marsalisi Law offers its services in both English and Spanish, so you may feel comfortable speaking in the language of your choice.
Complete our contact form or call (727) 800-5052 to speak with Frank P. Marsalisi today.
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