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 Scott C. Gottlieb
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 Scott C. Gottlieb. Scott 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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