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Negotiating a Claim in “Bad Faith” in An Injury Case

April 17, 2018

Negotiating a Claim in “Bad Faith” in An Injury Case

There are times that you are negotiating with an insurance company and it is clear to you that they doing so in bad faith. This can be realized when the insurers start to use certain phrases that seem odd to you and make you take notice, and other times it may just be a feeling that you have that everything is not on level. Regardless of the reason if you feel as though an insurance company is denying your claim or is not negotiating in good faith it is important to be aware of your options on what exactly you can do about it.

Bad Faith Insurance

When you make an agreement with an insurance company it is done so with the idea that you are paying for a service that will protect you when a specific set of circumstances occur. Because of this, the insurers have an obligation to fulfill that duty and they should negotiate all deals in a fair and understandable manner. If this is not the case however, it is important to address that fact immediately whether it is your own insurer or an insurer through a third party. When it is your own insurance company it is not considered to be in bad faith if you and the insurer do not exactly agree on what the settlement of your case should be. People cannot file a lawsuit against their insurer just because they do not believe they are getting the amount that they believed they are owed with nothing else to back their claim. On the other hand, if the adjuster for your case cannot provide exact reasons for why they came up with the settlement amount that they did, or if they commit an action or said something that does not seem to be in your best interest there is a definite chance that they used an improper settlement tactic and that you may have a case that you could bring against them. A third-party insurance company may be more likely to commit fraud or interfere with your chance to pursue a certain claim but they are also held to the same responsibility of acting in good faith when it comes to insurance claims. Just because they are not your own company does not mean they do not have to act in the best interests of an injured person, although they will clearly not have the same motivation to look after you as they do their own clients. If you do find that a third-party insurer is engaging in any unlawful behavior such as this it is another example of an improper settlement tactic that will make you able to file a lawsuit against them.

Schedule a Consultation With a New Jersey Personal Injury Lawyer

It is not easy to bring up a case against an insurance company which is why you will want a qualified lawyer to help you make the correct decisions that will help win you your case. Contact Garber Law, P.C. today by calling 856-282-0398 in New Jersey or 866-556-2962 in Pennsylvania to discuss your legal options with a professional.

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