When can I file a first-party claim against my insurance provider?
In most cases, you should be able to file a claim as soon as it becomes active. However, there is a high possibility that the insurance company will consider your claim suspicious. But as long as you are claiming good faith, the insurer should be able to compensate you per the terms of contract.
That said, some insurance companies might refuse to settle a claim, especially if it is filed “too soon” after purchasing a policy. In that case, you might be able to take legal action against the insurance provider.
At Morgan and Morgan, we know and understand how difficult and frustrating it can be to deal with insurance companies, including your own insurance provider. For this reason, we might be able to hold them accountable if they decline a valid claim.
Contact us today for a free case evaluation to learn more.
When Should I Sue My Own Insurance Provider?
You can file a lawsuit against your insurance provider anytime you have a reason to believe that they are acting out of bad faith. When you purchase insurance, you expect your insurer to honor their part of the contract, just as they expect you to pay your insurance premiums.
What Are Some Examples of Insurance Companies Acting Out of Bad Faith?
Your insurance provider might have acted out of bad faith if they:
- Harassed you or used similar tactics to intimidate you
- Delayed or denied your claim without a reason
- Failed to acknowledge or reply to a claim
- Attempted to settle the claim for less than what was considered reasonable
- Failed to properly investigate your claim
- Required you to provide burdensome documentation to process a claim
- Failed to justify a denied or underpaid claim
If your insurance provider used any of the tactics against you or anything along those lines, Morgan and Morgan bad faith insurance attorneys might be able to fight for you.
Why Do I Need an Attorney If My Insurance Provider Acts Out of Bad Faith?
There are so many reasons you need an attorney if your insurance provider acts out of bad faith. For instance, insurance companies make millions or billions of dollars every year as profits, meaning they can afford the best defense attorneys to fight for them in and out of court. Without an attorney on your side, it would be difficult to win such a case.
How Can Morgan and Morgan Bad Faith Insurance Attorneys Help?
At Morgan and Morgan, we have the resources to fight for you if your insurance provider denies your (valid) claim. To put things into perspective, we can:
- Help review your insurance contract to establish whether the insurer acted out of bad faith
- Collect crucial evidence against the insurance provider
- Approach the insurer to negotiate a reasonable settlement
- If the insurance company is unwilling to settle, we might be able to take further action against them, such as filing a bad faith insurance lawsuit
- Prepare you for deposition and other legal processes
What Are Some Possible Damages in a Bad Faith Insurance Lawsuit?
The kind of damages you may be able to recover will depend on the nature of your lawsuit. In most cases, policyholders can recover economic and non-economic damages.
Economic damages for these kinds of cases include:
- Medical expenses you paid out of pocket when the insurance company denied your claim
- Wages you lost because you were unable to work due to the injury you sustained
- Compensation for the time you were unable to work due to the injury
- Your attorney’s fees
When it comes to non-economic damages, you may be able to recover the following:
- Compensation for your pain and suffering
- Compensation for your emotional distress
- If the injury affected your quality of life or relationships with your loved ones, you may also include this claim
On top of the economic and non-economic damages, the court might also award you punitive damages. This award is meant to punish the defendant for their conduct while sending a strong warning to others in a similar position.
How Can I Tell If I Have First-Party Insurance?
Whether or not you have first-party insurance will depend on the details of your insurance policy. This also explains why it is important to ensure you fully understand the terms of your insurance agreement before signing anything.
In most cases, you may have first-party insurance if you have any of the following coverage:
- Uninsured motorist coverage
- Collision and comprehensive coverage
- Med Pay
- Towing coverage
- Rental car coverage
- Underinsured motorist coverage
Whenever in doubt, it is always advisable to consult an experienced attorney. The attorney will review your insurance policy to determine whether you have a valid first-party claim against your insurance provider. The attorney will also review the specifics of your case to determine whether your existing policy covers it.
How Much Does Morgan and Morgan Charge for a Case Evaluation?
At Morgan and Morgan, we do not charge any fees for a case evaluation. We will review your case for free. And if you have a valid claim, we might be able to help. The best part is that you will not pay us anything unless we win.
Denied a Valid Claim? Morgan and Morgan Will Fight for You
Has your insurance company acted out of bad faith? Do you have outstanding bills because your insurance provider refuses to pay for coverage you are eligible for? Do you feel betrayed by an insurance company you have been so loyal to? Tell us about your case by filling out our free case evaluation form. We might be able to help and fight for you till the end.