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Insurance policies are supposed to provide peace of mind. You pay monthly premiums, and you expect to receive benefits when you need them. If you’ve been in an accident and are struggling to get a fair settlement offer from your insurance company or a third party’s provider, you may feel confused and wonder how to proceed. If the insurance company isn’t negotiating in good faith, contact Manuel Diaz Law Firm, PC. First-party claims experts in Dallas, TX.
We understand how insurance negotiations are supposed to work. We will help you navigate this complicated area of the law while taking the steps necessary to recover the full value of your injury claim.
Because insurers are for-profit companies, they have been known to deny valid claims in an effort to increase profits. If an insurance company inexplicably declines to pay your claim after an accident or injury or refuses to properly defend and protect you from the claims of others, the company may be acting in bad faith.In legal circles, “bad faith” implies that an insurance company has attempted to renege on its obligations by denying qualified claims on insurance coverage. Other practices that are considered acts of bad faith may be classified depending on the type of insurance claim.
First-Party Claims
An insurance company may have inauspicious responses to your claims for property, health, and other personal insurance coverage.
Failing to properly investigate a claim
Offering an unusually low settlement amount
Offering an unusually low settlement amount
Unreasonable denial of a valid claim
Paying only partial benefits
Third-Party Claims
Among your insurer’s obligations is to protect your policy against third-party claims (e.g., when a person sues you for personal injury or damages to his or her property due to an accident you are suspected of causing). The following are signs that they are committing bad faith practices:
Failing to defend you against a third-party claim
Non-payment of legal defense costs
The distinction between the third party and first-party claims impacts various important insurance coverage issues, such as the duty to defend, the applicable statutes of limitation, the duty to defend and to indemnify, notice and proof of loss, and applicable causation requirements.
Manuel Diaz Law Firm, PC is ready to take on even the largest insurers and hold them accountable for their actions.
If an insurance company has acted in bad faith while handling your claim, you may be able to recover a fair settlement through a written accusation, created with the help of your first-party claim law firm. Sometimes even the mention of “bad faith” can inspire quick action on the part of the insurer.
If that doesn’t work, however, you as a policyholder are entitled to file a personal injury claim. First, your first-party claims attorney will help you recover damages for breach of contract, which can include the benefits due under the policy, as well as interest. You may also be able to recover bad faith damages, which would include economic losses, emotional distress, and legal fees. In some cases, you may even be able to secure punitive damages if there’s evidence an insurer acted in malice or fraud.
Your lawyer will know exactly what to do when the insurance company refuses to negotiate in good faith. We will work to see you receive the full value of what you are owed under the law.
You may wonder whether you can take on your first party claims case without help from a first party claims attorney. Though the case may seem simple on the outside, these cases can be extremely nuanced. It’s important to hire a lawyer who can aggressively represent your rights in these situations.
Don’t let an insurance company take advantage of you during your most vulnerable time. Increase your odds of winning your case and securing favorable compensation by hiring one of our seasoned lawyers. Get in touch today to schedule your FREE initial consultation.