Rapid City Insurance Bad Faith Attorneys
Lawsuits When Insurance Companies Mistreat Claimants
Insurance companies act in “bad faith” when they intentionally mismanage a claim to try to save money. For example, an insurer might tell someone who has been in a car accident that they are ineligible to receive coverage because that specific type of accident isn’t covered, even though this is not the case. What most claimants do not realize is that they can file a separate claim or lawsuit against an insurance company for bad faith actions, which could result in not only their original claim being paid but also additional financial awards.
Beardsley, Jensen & Lee in Rapid City can help you understand your rights as someone who has been exploited through insurance bad faith. Our legal team can represent plaintiffs and insurance companies in insurance defense cases. This duality to our experience and backgrounds allows us to approach insurance bad faith cases from a unique, calculated angle with one goal: getting you the most compensation possible with as little stress as possible.
Call (605) 777-7466 to speak with our Rapid City insurance bad faith lawyers.
Forms of Insurance Bad Faith
Insurance bad faith can take many forms, including:
- Delays: Insurance companies know that insurance bad faith tactics are punishable with a lawsuit, so they try to find subtle ways to mismanage claims, such as delaying every single response and step. The aim is to make the claimant get frustrated and give up on the claim entirely, or to make them hastily accept the first offer, which will probably be lowballed.
- Depreciations: An insurance company might try to lower the value of a claim – or depreciate its value – without justification. For example, an insurer could ignore an insurance adjuster’s estimations for house repair costs and come up with a lower cost on its own or after hiring another insurance adjuster who is instructed to overlook certain kinds of damage.
- Denials: Perhaps the most egregious form of insurance bad faith is when the insurance company outright denies a claim without investigating it or without any stated reason. As shocking as a wrongful denial might seem, they are surprisingly common.
- Harassment: Even if your claim is managed properly, it can constitute insurance bad faith if you are harassed or intentionally misled by the insurance company. Insurers need to be forward, honest, and respectful whenever speaking with you. Telling you not to hire an attorney can be a form of misinformation, too.
What is an Insurer’s Duty of Good Faith?
When you sign an agreement with an insurance company, you can assume that they will attempt to fulfill its side of the contract in good faith. The overall concept of “good faith” means to act in a way that is expected, professional, and will uphold the terms of the contract. Insurance bad faith happens whenever an insurance company breaches its duty of good faith owed to the policyholder.
The Legal Process for Filing an Insurance Bad Faith Claim
Pursuing an insurance bad faith claim involves several key steps:
1. Consultation with an Attorney
Start by consulting an experienced bad faith attorney who will review your case, explain your legal options, and help determine if the insurance company has acted improperly.
2. Gathering Evidence
Collect all relevant documents, including your insurance policy, claim correspondence, and any records of interactions with the insurer. This evidence is crucial to proving bad faith.
3. Filing the Claim
Your attorney will file a formal bad faith claim in court, outlining how the insurer breached its duty and specifying the damages you’re seeking.
4. Discovery Process
During discovery, both sides exchange evidence, take depositions, and gather additional information to strengthen the case.
5. Settlement Negotiations
Your attorney will negotiate with the insurance company to try to reach a fair settlement. If a settlement is achieved, the case ends here.
6. Trial
If a settlement isn’t reached, the case goes to trial, where your attorney will present evidence to prove the insurer’s bad faith. A judge or jury will decide the outcome.
7. Post-Trial Actions
If you win, the court may award compensatory and punitive damages. Your attorney will handle any post-trial motions or appeals.
Legal Counsel for Consumers & Claimants
When insurance bad faith is standing between you and a fair recovery after an accident or disaster, team up with Beardsley, Jensen & Lee in Rapid City to make things right. We are here to provide personalized, client-focused legal representation when it matters the most. Our insurance bad faith attorneys are always ready to hear from a new or returning client to uncover how we can elevate their claim.
Contact a teamwith 100+ years of combined experience today.
