Did you recently have an insurance claim denied in Boca Raton, FL? Does it feel like the insurance company seriously undervalued your claim? You may have been a victim of bad faith insurance practices. If so, an experienced Boca Raton bad faith insurance lawyer can help you fight for full financial compensation.
At Hollander Law Firm Accident Injury Lawyers, our attorney has over 28 years of legal experience. He and the rest of our legal team know how to level the playing field and help you fight to reach an agreement that covers all of your damages.
We’ve already recovered tens of millions of dollars in settlements and verdicts. We’re ready to help you get a fair deal. Contact our law offices in Boca Raton, Florida, to schedule a free consultation today. You can call us at (561) 347-7770.
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How Can Hollander Law Firm Accident Injury Lawyers Help With Your Bad Faith Insurance Claim in Boca Raton, FL?
When you file an insurance claim, you expect the insurance company to do the right thing. At a minimum, you expect them to treat you fairly and take your case seriously. Unfortunately, that’s not always the case.
If the insurance company is giving you the runaround, contact Hollander Law Firm Accident Injury Lawyers today. Our experienced Boca Raton personal injury lawyer can help you understand your legal options.
We can help by:
- Gathering evidence to prove your case
- Handling all insurance negotiations and communications
- Bringing in experts who can establish your rights
- Determining the fair value of your damages
- Filing a lawsuit and fighting for you in court if necessary
Our Boca Raton personal injury attorney has earned a perfect-10 Avvo rating for his quality legal services. We stand up to insurance companies for our clients every day–and we have a track record of winning. To learn more, just call for a free case evaluation.
What Is Bad Faith Insurance?
Insurance companies have an undeniable advantage over policyholders. They navigate the insurance claims process every day. In fact, they actually invented the insurance claims process. In other words, insurance companies made the rules, and the rules are complicated.
That’s one reason why insurance companies are heavily regulated in the State of Florida. If they weren’t, the insurance carrier could easily take advantage of policyholders when they file a claim.
Insurance companies are required to act in good faith when investigating and settling insurance claims. “Bad faith” insurance practices involve actions that are dishonest, misleading, or outright fraudulent.
Overview of the Laws on Bad Faith Insurance in Boca Raton, Florida
Under Florida law, policyholders who are harmed because of bad faith insurance practices have the right to sue the insurance company for financial compensation.
Florida law specifically defines “bad faith” as not attempting to settle claims in good faith “when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.”
Simply put, when an insured files a valid claim under their insurance policy, the insurance company is required to honor the contract. They must evaluate the claim within a reasonable amount of time and pay the claim if it’s valid.
What Do I Have To Prove To Recover Compensation Based on Bad Faith Insurance Practices in Florida?
In Florida, you have to prove that the insurance adjuster was intentionally dishonest or unfair to establish your right to compensation. You can’t recover compensation under bad faith insurance laws based on simple negligence.
However, under general negligence theories, you still have rights if you were harmed because the insurance agent was negligent.
Negligence is a failure to exercise due caution. Negligence is similar to “carelessness”. Bad faith insurance practices are intentional acts that violate the terms of your insurance contract.
While simple negligence is not enough to rise to the level of bad faith dealings, you do not have to prove that the insurance company had a general business practice of acting in bad faith. Relatively isolated acts or omissions can be enough to establish your right to compensation.
What Are Some Common Examples of Bad Faith Insurance?
Many different actions can amount to bad faith insurance.
You may be entitled to compensation under Florida bad faith insurance laws if the insurance carrier:
- Failed to investigate the validity of your claim within a reasonable amount of time after you submit the claim
- Denied your claim without telling you why
- Misrepresented the terms of your insurance contract
- Ignored your claim or failed to respond to your calls or emails
- Created artificial delays to avoid paying your valid claim in a reasonable amount of time
- Lied about the facts of your case to pressure you into taking a lowball settlement
- Tried to convince you not to consult an attorney to learn about your rights
- Failed to tell you that the insurer needed more information to assess the validity of your claim
- Requested an unreasonable amount of information or documents so that they could delay a settlement or avoid settling
In the end, it can be difficult to know whether the insurance company acted in bad faith. Consulting an experienced lawyer is always a good idea if you suspect you are a victim. To learn more about this practice area, call our bad faith insurance lawyer in Boca Raton for a free case review today.
Our Experienced Insurance Lawyers Handle All Types of Bad Faith Cases in Boca Raton
Bad faith insurance practices can happen in many different contexts. People buy insurance for all different reasons.
At Hollander Law Firm Accident Injury Lawyers, our law firm in Boca Raton handles bad faith cases involving:
- Car insurance
- Personal injury protection (PIP) coverage
- Homeowners insurance
- Flood insurance
- Wind insurance
- Hurricane insurance
- Property damage
- Loss of use coverage
- Life insurance
- Health insurance
- Renters insurance
- Fire insurance
- Business liability insurance
- Commercial insurance
- Professional liability insurance
- Workers’ compensation insurance
You may have a valid bad faith claim whether you’re dealing with your own insurance company or someone else’s.
Disputes with your own insurance company are called first-party claims. Disputes with someone else’s insurance company are called third-party claims. For example, if you were injured in a car accident and the at-fault party’s insurance company flat-out denied your claim, you may have a valid third-party claim.
Can the Insurance Company Ever Legitimately Deny My Insurance Claim in Boca Raton?
Of course. Insurance companies are faced with invalid insurance claims all the time. They don’t have to pay an insured’s claim if they aren’t liable.
For example, it’s possible that your claim may be legitimately denied if:
- You didn’t pay your policy premiums, and the policy has lapsed
- You failed to file your claim with insurance within a reasonable amount of time after suffering an injury or property damage
- The insurance policy didn’t cover the risk in question
- The person involved was not covered under the insurance policy
- The insurance company has a justifiable dispute over whether it is liable for paying
- You failed to reply to a reasonable request for additional information
- Your initial insurance claim was incomplete, and you did not submit the required information
Insurance companies are, however, required to tell you why they’re denying your claim.
What Types of Compensation Are Available to Victims of Bad Faith Insurance Practices in Boca Raton?
The types of damages you recover will depend on the nature of your losses. Florida laws classify compensatory damages as economic damages or non-economic damages.
Your economic, or financial, losses may include:
- The amount of your initial insurance claim
- Interest charges incurred due to the delayed payment
- Additional damage that happened because of the denied or delayed claim
- Attorney’s fees and court costs
- Lost wages if you missed work to deal with your case
- Out-of-pocket expenses
In some cases, it’s also possible that your settlement or verdict will include compensation for non-economic damages, including:
- Pain and suffering
- Emotional distress
Some bad faith insurance practices are more widespread than a single claim. If we can prove that the insurance company had a general business practice of dealing with insured individuals in bad faith, the court may also award punitive damages.
How Much Time Do I Have To File a Bad Faith Insurance Lawsuit in Florida?
The statute of limitations in bad faith insurance cases is five years. If you don’t take legal action within five years of the date that the violation occurred, you lose your right to file a lawsuit.
However, you must also give the insurance company 60 days’ notice before you can sue. The notice must give the insurer information about the alleged violation. If the insurance company doesn’t correct the mistake within 60 days, you can then file your lawsuit.
There are exceptions to these deadlines, but they are rare. Get in touch with our legal team as soon as you can to protect your legal rights effectively.
Contact a Boca Raton Bad Faith Insurance Lawyer for a Free Consultation Today
Bad faith insurance claims can be complex. It may seem like the insurance company has all the cards. If you were a victim of bad faith practices, call an experienced Boca Raton bad faith insurance lawyer at Hollander Law Firm Accident Injury Lawyers for a free case review today.