Most of us carry insurance--on our home, our car, our lives. The insurance company who sold you the policy probably tried to tell you that it was selling you peace of mind. You make your payments every month and then when you finally do have a claim--surprise--it is denied. Sometimes the denial is proper because the claim truly is not covered. Many times, however, the denial is improper, and the claim you have made really should be covered by the insurer to whom you have paid all those premiums. What then?
The answer is you may have an insurance bad-faith claim against your insurer. "Bad faith" by an insurance company can occur any time the insurer refuses to honor a legitimate claim by someone it insures. Examples of bad faith by an insurance company can include things like denying a legitimate claim, unnecessarily delaying the payment of a claim, neglecting to investigate the facts to determine if a claim is covered or not, or refusing to settle one claim unless you agree to settle another unrelated claim.
Texas law prohibits bad faith by an insurer, but, like all laws, it is not always followed. In fact, insurance companies test the limit of laws against bad faith, counting on the fact that the person with insurance is unlikely to go talk to a lawyer and find out his rights. The reason for this is simple: Every time that the insurer does not pay a claim it should have covered, the insurer profits.
Talk to a Lawyer!
So what can you do to protect yourself? First of all, an insurance adjustor is not your friend. Once you make a claim that could subject the insurer to liability, the adjustor is usually focused on nothing but keeping the size of the payout as small as possible. Be aware that most insurance adjustors are not lawyers, and even the ones who are are not always right when they say a claim is not covered. And do not hand over any documents to an adjustor until you talk to a lawyer. The insurance company may use them against you.
No matter what the adjustor tells you, talking to a lawyer is a good idea. Sometimes adjustors will tell you that the expense of consulting a lawyer and the time it takes to pursue a case through the courts means that you should take what is being offered right now. Remember: The adjustor is not looking out for you, and the "advice" not to talk to a lawyer is intended to discourage you from finding out if the offer is fair.
If you suspect that your insurer is not dealing fairly with you, call us. We want to help you get what you deserve under the law.
If you need a personal injury lawyer, the lawyers at Dallas law firm Street and Ragsdale are here for you. It's always free to contact our lawyers.
Remember, if you need a personal injury lawyer or a wrongful death lawyer, the lawyers at Dallas law firm Street and Ragsdale are here for you. Contact our lawyers if you'd like free no-obligation assistance with your case.
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