
Insurance companies in Colorado must handle your claim in an open and aboveboard manner. If they do not, you could have the basis of a bad faith insurance claim. Actions that could lead to this type of claim include knowingly delaying your claim, failing to investigate it thoroughly, and misrepresenting some or all of your policy. These are not the only acts that constitute bad faith.
As the insured, you have rights that the insurer cannot violate without serious consequences. You do not have to take on the insurance company alone. A Denver personal injury lawyer can define what a bad faith insurance claim is and clarify your financial recovery options. Most law firms offer free claim reviews and will fight hard for the financial compensation you need and deserve.
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Know What Actions Constitute Bad Faith Insurance Tactics in Colorado
Insurance companies often have their bottom line—not your best interests—in mind when handling claims. They can deny your claim for various reasons, including errors on your claim application and insufficient evidence. If they deny your valid claim for these reasons, they are typically correctable.
Sometimes, though, insurance adjusters may deny your claim for unscrupulous reasons. If that happens, a lawyer can help you challenge a bad faith insurance claim.
Refusing to Investigate Your Claim
Insurance companies must investigate your claim before determining its validity.
Unwarranted Delays and Stall Tactics
Insurance companies must act on your claim promptly, rather than creating intentional deferrals.
Misrepresenting Your Claim
Insurance claims can contain potentially confusing legal and insurance jargon to a layperson. The insurer cannot falsify or distort any part of your policy.
Unreasonably Low Settlement Offers
Offering a settlement that is significantly low or does not align with your policy’s guidelines or offer sufficient coverage for your losses is a sign of a bad faith claim.
Refusing to Communicate
Ignoring your phone calls, emails, or other forms of correspondence and refusing to communicate with you at all is another sign of bad faith conduct.
If the insurance company does not provide a written explanation for denying, investigating, or paying your claim, this could also constitute an act of bad faith. The best way to understand your rights and the insurer’s responsibilities is to have an insurance bad faith attorney provide clarity and handle your claim.
How to Prove an Insurance Carrier Acted in Bad Faith
You need a strong collection of evidence to support your bad faith insurance claim. A compelling case file should include:
- Insurance policy information: A complete copy of the at-fault party’s insurance policy (or yours, depending on the circumstances of your claim). Include every page of your policy, including optional coverage and policy amendments, if applicable.
- Insurance communication: Copies of all correspondence between you and the insurance company. Include letters, emails, recorded phone calls, and voicemails in your case file.
- Witness observations: Statements from any experts relevant to your claim, including accident reconstruction professionals, first responder reports (police, medical, fire, etc.), and statements from accident eyewitnesses.
- Proof of injury: Detailed medical records, if applicable, that describe your injuries and their cause and severity. Obtain a written prognosis describing future care and anticipated costs.
- Property repair or replacement estimates: Include detailed repair requirements and costs and guides that define the actual cash value of your damaged or destroyed property.
Gathering all the information needed to prove insurance misconduct can be a challenging undertaking. If a personal injury attorney represents you, they will collect and organize all the evidence your claim requires.
File Your Bad Faith Insurance Claim Lawsuit on Time
You generally have two years to file a lawsuit against an insurance company for breach of contract, according to CO. Rev. Stat. § 13-80-102. Failure to comply with the statute of limitations could prevent you from filing your lawsuit.
The best way to understand, accurately interpret, and comply with the filing deadline is to let an insurance bad faith lawyer handle this critical part of your claim for you. They will file your lawsuit on time and in the appropriate venue while continuing to fight for a reasonable settlement.
A Bad Faith Insurance Attorney Can Guide You Through a Complex Case
In the aftermath of an accident, you want to start putting your life back together as soon as possible. When you hire a lawyer to represent you, you can focus on getting better while they fight for your financial recovery. Your bad faith insurance lawyer can:
- Identify and document insurance bad faith practices
- Clarify your rights
- Deal with the insurance company so you do not have to
- Report the insurance company to the appropriate agency
Since personal injury law firms typically work on a contingency fee basis, you can get legal service and support at no upfront cost to you. You will incur no out-of-pocket expenses and owe no fees unless you receive compensation.
Your Lawyer Will Assess the Monetary Value of Your Bad Faith Insurance Claim
When filing a bad faith insurance claim, you can request multiple types of damages. Create a detailed list of your losses, including:
- Current and future medical bills
- Rehab, therapy, and medical devices
- Current and future lost income
- Loss of the ability to earn in the future
- Property damage, loss, or diminishment
- Lasting disability or disfigurement
- Physical and emotional pain and suffering
- Wrongful death damages, if applicable
Per CRS § 10-3-1116, you can request additional damages from the insurance company for its bad faith tactics, including double the value of your original compensation request. A judge may also require them to compensate you for court costs and reasonable attorney’s fees.
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Get a No-Cost, No-Obligation Bad Faith Insurance Claim Review
If your insurance provider handled your legitimate claim unfairly, you could be entitled to compensation. Our law firm will clarify what a bad faith insurance claim is and how you can hold the insurer accountable for their actions.
Find out how hard we’ll work to get you more money, faster. Contact our consultation team at Matlin Injury Law for a free evaluation of your claim.
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