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Few things can be as stressful as having a valid insurance claim denied without cause. You can challenge a bad faith insurance claim denial from your insurer or the at-fault driver’s insurer. Start by reviewing your claim for errors, collecting supplemental evidence, filing an official complaint, or suing the insurance company to hold them accountable for their actions. Our team can handle this process for you.
If you were injured in a car accident caused by another driver’s negligence, it can be frustrating and stressful to have your claim denied. A Parker personal injury lawyer can help you fight back against unscrupulous tactics and unfair practices that prevent you from getting the compensation you need and deserve. Most law firms will offer a free review of your claim and explain your financial recovery options.
You Need to Know What Constitutes Bad Faith Insurance Tactics in Colorado
An insurance company could deny your claim because it was filed late, did not contain sufficient evidence of negligence, and for a plethora of additional (and legitimate) reasons. Not every denied claim constitutes acts of bad faith on the part of the insurance company.
According to CO. Rev. Stat. Ins. § 10-3-1104 and § 10-3-1115, bad faith acts can include:
- Denying coverage without investigating your accident
- Making an unreasonably low financial settlement offer
- Failing to acknowledge your claim or correspondence
- Misrepresenting all or part of the applicable policy
If any of these actions occurred as part of your insurance claim, you can take action against the insurance company. Consider all the options you have to build a comprehensive case.
You Can File an Official Complaint Against the Insurance Company
Reporting an unscrupulous insurance company can serve two important purposes—it can provide a paper trail for your civil claim and protect future consumers from these same tactics. Filing a complaint will prompt an investigation from the appropriate agency.
Colorado Department of Regulatory Agencies (DORA) oversees its Division of Insurance. To file a complaint against an auto insurer:
- Create an account on DORA’s online consumer portal.
- Complete the multiple pages of required online forms.
- Submit your claim and receive a complaint ID.
- Upload any supporting documents you have to the portal.
You can follow the progress of your complaint online. As they come in, updates, news, responses, and results can be accessed and viewed on DORA’s portal. An attorney from our firm can manage this process on your behalf.
File a Civil Lawsuit for Breach of Contract or Statutory Bad Faith
According to Colorado law, you can sue an insurance company for bad faith if all of the following apply:
- You incurred injuries, damages, or losses;
- The insurance company’s refusal to settle your claim was unreasonable; and
- The insurer’s action caused you to incur undue injuries, damages, or losses.
A Littleton car accident lawyer can help you build a compelling case file that documents the insurance company’s action(s) and establishes your right to compensation.
Act Quickly to Protect Your Right to File Your Lawsuit in Colorado
You could generally have as little as two years to file a breach of contract lawsuit against a Colorado insurance company, according to CO. Rev. Stat. § 13-80-102. If your lawsuit is not filed within the allotted time:
- You may not be able to file it at all.
- It might be dismissed out of hand.
- The insurer could stop negotiating with you.
A lawyer can help you understand the filing deadline, address any potential exceptions, and file your lawsuit on time. They can also keep you updated as your case progresses and throughout any settlement negotiations.
Damages You Can Recover by Challenging a Bad Faith Insurance Action
Acts of bad faith on the part of an insurance company can be more than frustrating and stressful. They can also take a financial toll by forcing you to bear the monetary burden of an accident you did not cause. By holding the insurer accountable, you can request the following damages:
- Reasonable attorney’s fees
- All relevant court costs
- Two times the value of your recoverable damages
An attorney from our firm can help you assess your recoverable damages and fight for every dollar you deserve. Their guidance and direction can ensure your insurance bad faith compensation is not undervalued or underpaid.
Take Time to Assess the Monetary Value of Your Original Compensation Request
Part of the compensation you could be awarded for acts of bad faith from an insurance provider is double the amount of your original compensation request. Damages from a personal injury claim can include:
- Past and future medical bills
- Past and future lost wages
- Loss of future earning capacity
- Property damage or total loss
- Diminished property value
- Disfigurement or impairment
- Physical pain and suffering
- Mental and emotional distress
- Diminished quality of life
- Wrongful death damages, if applicable
Your original evidence collection will include proof of the accident’s costs and its causes and contributing factors. This evidence can also be used to support your bad faith claim.
A Bad Faith Insurance Claim Attorney Will Represent You at No Upfront Cost
You do not have to take on the insurance company that previously and unfairly rejected your claim on your own. Instead, you can get legal service and support for your bad faith claim right from the start. At no upfront cost, your lawyer will:
- Investigate the insurer in question
- Obtain a copy of the applicable policy
- Assess your potential financial recovery
- Prove the insurer acted in bad faith
Not even your attorney’s compensation comes out of your pocket. Instead, your attorney recovers their fee from the damages they recover for you.
Get Help Fighting Back Against a Bad Faith Insurance Claim
If you filed a claim after a car accident with the at-fault driver’s insurance or yours, you do not have to accept a denial of coverage without a fight. If your claim was denied without cause, we can help you challenge a bad faith insurance claim denial.
Find out how our client-focused law firm can get you more money faster. Contact our consultation team at Matlin Injury Law to get started fighting for the compensation you need and deserve.
