Bad Faith Insurance Claims
When Insurers Fail to Uphold Their Obligations to Policyholders, There Should Be Consequences
Bad Faith Insurance Claims
After an accident, an insurance company may deny a claim without a reasonable basis. Your insurance company breaches its duty to you by failing to pay you for an honest claim or properly defend you against plaintiffs. In both scenarios you may have a case for bad faith.
Whether the damage you sustained was in a car accident, flood, fire, or another type of accident, your insurance carrier must act in good faith to pay out for claims covered by your policy.
The same standard applies if someone is accusing you of causing an injury or property damage. If you’re a premium-paying policyholder, you’re owed a duty by the insurance company. If they take a course of action that isn’t in your best interest, and you end up being personally liable for far more once a verdict is rendered, your insurance company may be guilty of bad faith.
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Insurance companies may act in bad faith by failing to:
- Settle a claim in a reasonable amount of time
- Thoroughly investigate a claim
- Recovering Damages
- Offer the full value of a claim
- Provide reasoning for denying a claim
After a successful bad faith lawsuit, a victim may be able to recover:
- The amount the insurance company should have paid for the initial claim
- Consequential damages (e.g., attorney fees)
- Emotional distress damages
- Punitive damages
- Peace of mind
Each bad faith insurance case is different, so it is vital that you get help from an experienced Louisiana bad faith attorney. Insurance companies are acting in their own self-interests when they do not provide compensation to an insured consumer for their losses.
Louisiana Bad Faith Frequently Asked Questions
A bad faith insurance lawsuit is a legal action taken against an insurance company for failing to pay out a claim in a reasonable amount of time or for not paying out a claim at all.
In order to prove a case of bad faith insurance, the plaintiff must show that the insurance company acted unreasonably by not providing a timely response to a claim, not providing a reasonable explanation for denying a claim, or not providing a fair settlement for a claim.
Remedies for a successful bad faith insurance lawsuit may include compensatory damages, punitive damages, and attorney’s fees.
Insurance companies may use a number of defenses in bad faith insurance lawsuits, such as lack of proof of damages, failure to provide sufficient evidence of the claim, or that the claim was not a covered event under the policy.
The statute of limitations for bad faith claims in Louisiana is one year from the date of the alleged bad faith act or omission. This is provided for in Louisiana Civil Code Article 3492.
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Contact a Louisiana Bad Faith Insurance Attorney
If you or a loved one reside in the state of Louisiana and want to pursue a bad faith insurance claim, call Mike Brandner Law at (504) 345-1111. We will pursue the justice you deserve. Pick up the phone today for a free consult! No fee unless you win and we answer our phones 24/7.