1. What is insurance company bad faith?
Your insurance company has a duty to handle your claim
promptly, reasonably and in "good faith." If
an insurance company fails or refuses to honor its
contract and pay a valid claim, you have the right to
bring a civil action for damages against that
insurance company.
2. I
think the offer the insurance company gave me is too
low. Is this bad faith?
Intentionally offering a settlement far lower than
what is reasonable could be a case for bad faith.
Insurance companies have an obligation to deal with
their insured in a reasonable, fair manner.
Contact The Law
Offices of Scott C. Gottlieb & Associates, LLP to discuss your unique claim.
3. What
is a "reservation of rights" letter?
The first thing you might receive from an insurance
company is called a "reservation of rights"
letter. This letter informs you that the company is
investigating your claim, but that it is reserving its
right not to pay you anything if it turns out that the
accident is not covered under the policy or the claim
is still under investigation. The insurance company
must still thoroughly investigate your claim and
negotiate with you fairly. The letter simply protects
the insurance company by preventing you from claiming
that the company's insurance policy must cover your
accident just because it began investigating your
claim.
4. An insurance company has offered a settlement.
Should I take it?
When the insurance adjuster makes you a first offer,
your response should depend on whether it is a
reasonable offer. If the offer is reasonable, you can
immediately make a counteroffer that is a little bit
lower than the amount you originally demanded. This
shows the adjuster that you, too, are being reasonable
and are willing to compromise. In these negotiations,
emphasize the strongest points in your favor -- for
example, that the insured was completely at fault,
that you had a very painful injury, that your medical
costs were reasonable, and/or that you had long-term
or permanent physical effects. However, these types of
negotiations may be complex. An experienced personal
injury attorney is much better suited to handle
settlement negotiations. Additionally, the insurance
industry's own statistics prove that on average, a
person using an attorney will get three times as much
money as a person without an attorney.
5. Will
I be taxed on the settlement amount I receive?
Generally speaking, you will not pay income taxes on
the amount of the settlement, particularly when it is
compensation for pain and suffering.
6. How
soon will my claim be settled?
Insurance companies are required by law to pay all
claims in a prompt and reasonable amount of time.
However, what constitutes prompt and reasonable may
vary from claim to claim. Claims that require special
or extended investigation may take longer to resolve.
7. When
should I contact an insurance settlement lawyer?
Certainly before you make any type of commitment in an
insurance settlement. Dealing directly with an
insurance company can lead to disastrous results. The
insurance company will often record your conversation
or get you to admit to facts about the accident or
your injuries that will hurt your case. You should
contact The Law Offices
of Scott C. Gottlieb & Associates, LLP. We can assist you in
asking the right questions, getting a fair settlement
and court proceedings if necessary.
8. Can
the insurance adjuster record our telephone
conversation?
Generally, he/she can. It is best not to discuss your
case without the advice of a lawyer. A lawyer is more
experienced with these matters and it may be best to
have a lawyer speak on your behalf.
9. Can the insurance company do video surveillance of
me or my family without my permission?
Yes, they can. Insurance companies claim that they do
surveillance to prevent fraudulent claims. However,
even legitimately injured people may find themselves
the subject of a video surveillance camera.
10.
What if I have other questions?
Contact us today. We
will answer your questions and discuss your case.
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