When an insurance policy is signed by a consumer, a contract is made with the insurance company and the individual. This contract is a promise by the provider to offer quality insurance while the consumer is promising to pay premiums. The policy specifics will vary but all insurance companies have a legal obligation to stay in compliance with the contract providing good faith and fair dealings. In general terms, the company must not be dishonest and fail to hold up their end of the policy.
The law office of Joseph R. Donohue provides personal injury assistance for claims involving bad faith insurance incidents. Mr. Donohue has completed cases involving insurance companies and can help you better understand what constitutes as bad faith by an insurance company and how their actions can be remedied for you.
When an adjustor or insurance company is acting in good faith, they will find a way to accept and pay a claim made by you. Acting in bad faith will see the company trying to diminish or disprove your claim, delay a payment, or deny your claim entirely. This will be done even when the company is clearly liable. It is important to note that an insurance company will be looking out for their revenues and there will be a fine line between a quality negotiation and bad faith practices. Mr. Donohue will be able to help you review your personal injury case and determine if your insurance company is practicing in bad faith or if you are facing intense negotiations.
Based on Massachusetts laws, M.G.L. 93A and M.G.L 176D, a potential cause for action in regards to bad faith can include:
- Untimely payments
- Denial of claims without a fair investigation into the matter
- Failure of the insurance company to handle the claim properly
- Unfair discrimination
- Unfair business practices
An insurance company that has not dealt fairly with the insured may face liability. Your personal injury attorney will be able to set forth such penalties as monetary damages, loss of business license, attorney fees or injunctive relief. You can file such charges against your insurance company or against a third party which would be the tortfeasor’s insurance company.
It is not advised that you file a bad faith claim by yourself. The procedures and laws involved are quite complex and can lead to your losing your battle. Based on state law, there is a statute of limitations in place on bringing action against an insurer for being unfair or deceptive. This statute is four years. This timeframe is not long and with so much research needed, you will do well to have the knowledge and experience of Joseph R. Donohue, personal injury attorney of Boston, on your side.
Meet with Mr. Donohue and present your case. Let the personal injury attorney determine if you have grounds for a lawsuit. If so, you can work together to file a claim and bring about the proper compensation you are rightly due. Contact the law offices of Joseph R. Donohue today to get started.