If you’ve been in an accident and filed a claim with your insurer, you rightfully expect to be treated fairly. You’ve paid your premiums on time for years, and now that you need the coverage you’ve paid for, you may be getting the run-around from the insurance company. If this is the situation you’re in, consider hiring a San Antonio bad faith insurance attorney from George Salinas Injury Lawyers. We can explain how to win a bad faith insurance lawsuit.
Recognizing Signs of Bad Faith Insurance
Texas law specifically describes “unfair or deceptive acts or practices” and “unfair settlement practices” that insurance companies must avoid. If they act in the manner described under this chapter, they can be sued for insurance bad faith. Conduct explicitly prohibited under this chapter includes:
- Misrepresenting a policy’s terms
- Making misrepresentations to cause a policyholder to allow a policy to lapse or forfeit their policy
- Misrepresenting material facts or policy provisions related to a claim
- Failing to reasonably explain why a claim was denied
- Failing to attempt in good faith to settle a claim when the insurer’s liability is reasonably clear
- Failing to decide the claim within a reasonable time
- Denying a claim without conducting a reasonable investigation
- Attempting to claim a full settlement was reached when only a partial settlement had been reached
- Refusing a claim just because other insurance may apply
Other conduct that doesn’t fall within this chapter may be considered bad faith, but it proceeds under a common law theory of bad faith. Signs that you may be dealing with a bad faith matter include:
- Lack of communication from the insurance company, including no indication it has received your claim or submitted information
- Delay tactics, such as requesting irrelevant information before it agrees to process the claim or taking an unreasonable amount of time to render a decision
- Misinformation about your claim, the terms of your policy, or the facts surrounding your case
- Lowball settlement offers that seem way below the actual value of your claim
- Threats to cancel your policy or raise your rates
- No indication that there has been an investigation into your claim
Proving the Elements of Bad Faith Insurance
To win a bad faith insurance claim, you must be able to show that your claim was wrongfully denied or benefits were delayed due to the insurance company’s unreasonable or grossly negligent conduct. It’s not enough to show that a simple mistake affected your claim. Proving your San Antonio accident claim will likely require extensive evidence, including:
- Your policy
- Communications between you and the insurer
- Company documents instructing insurance adjusters to act a certain way
- Photos or videos of the damages you sustained and the applicability of the insurance policy
An experienced San Antonio truck wreck lawyer will know what evidence to look for and build a strong legal claim on your behalf. In some bad faith claims, you may be able to recover compensation for your attorney fees.
Call Us If You Suspect Bad Faith Insurance
If your insurance company is not treating you right, George Salinas Injury Lawyers can investigate your case, gather evidence to prove bad faith, and pursue compensation on your behalf. Contact us today for a free consultation.