Louisville Insurance Bad Faith Attorney
Insurance companies may seem like they are on your side. You may even think that they are your friends. However, when you need to make an insurance claim, you may find out that the insurance company is only there to make money for themselves. At the Law Offices of Hendy | Johnson | Vaughn | Emery, we are here to help if your insurance company is refusing to payout on a rightful insurance claim. Our Louisville insurance bad faith attorneys will investigate your case and work to secure the compensation you deserve.
Why Choose Hendy | Johnson | Vaughn | Emery to Help With This?
It is vital to get help from a skilled Louisville personal injury attorney when you have trouble with insurance companies, and the team at Hendy | Johnson | Vaughn | Emery is here to help.
- We believe in providing personalized service for every client, which means we take the time to get to know you and your goals as we move forward.
- We have an extensive track record of success and have secured billions of dollars in compensation through verdicts and settlements on behalf of our clients.
- Because we take these cases on a contingency fee basis, our clients do not have to pay any legal fees until we secure the compensation they are entitled to.
How Will an Attorney Help This Case?
Most individuals who are treated unfairly by their insurance carriers do not have the legal expertise to properly interpret all of their policies and the insurance laws in Kentucky. Our Louisville insurance bad faith attorneys have extensive experience with these cases and will:
- Conduct a thorough investigation into the incident in question.
- Thoroughly review your insurance policy and determine whether or not the claim is legitimate.
- Vigorously negotiate with all sides to reach a fair settlement.
- Take the claim to court if necessary.
What Is Bad Faith Insurance?
An insurance company has a legal responsibility to treat claims fairly and in accordance with all applicable laws. If an insurance company is guilty of violating this duty – often in an attempt to save money and increase profits – this is known as insurance bad faith. Kentucky has an Unfair Claims Settlement law that addresses insurance bad faith. It lists 17 examples of acts and omissions that constitute unfair claim settlement practices. They include:
- Misrepresenting facts or provisions related to insurance coverages.
- Ignoring or failing to respond promptly to communications involving a claim.
- Failing to ensure the prompt investigation of a claim.
- Refusing to pay a claim without conducting a proper investigation.
- Failing to accept or deny coverage within a reasonable time after receiving all required documents from the claimant.
- Failing to make a good faith attempt to effectuate the prompt, fair and equitable settlement of a claim in which liability has become reasonably clear.
There are many other examples of acts and omissions that an insurance company must not perform under Kentucky law, such as offering a lowball settlement (less than the amount a reasonable person would believe he or she was entitled to) and wrongfully denying a claim. An insurance bad faith lawsuit seeks justice and compensation from the insurance provider guilty of one of these torts to compensate the victim for the losses or inconvenience associated with the wrongful act or omission.
Bad Faith Insurance Is Wrong
Insurance companies collect money from you through premiums. In return, they are making a promise to payout compensation for legitimate claims under the policy that was agreed upon. Some of the most common bad faith insurance practices you may encounter include the following:
- Undue delay in handling a claim. Insurance carriers are required to handle legitimate claims within a specific amount of time; however, if the carrier causes unreasonable delays in investigating, processing, or resolving their claim, they could be guilty of bad faith insurance.
- Inadequate investigation into a claim. Insurance carriers are required to conduct an investigation into the claim. They cannot deny or settle a claim until this investigation is complete.
- Refusal to defend a lawsuit. Liability insurers owe a broad duty to defend their policyholder against claims and lawsuits that may create a potential for coverage under the policy. This includes not only liability specifically stated in a policy, but liabilities that might reasonably require coverage.
- Threatening the insured. Insurance carriers should never make any threatening statements towards policyholders or other parties who make claims, such as threatening to take legal action or file criminal charges for submitting the claim.
- Refusing to make a reasonable settlement offer. Insurance carriers are required by law to use fair claims practices, and making unreasonable offers or refusing a settlement in order to make a profit is illegal.
If you have reason to suspect any type of bad faith or failure to properly handle your insurance claim, consult with an attorney right away about pursuing financial compensation from the insurer. Do not sign anything sent to you from the insurance company until contacting a lawyer.
First-Party vs. Third-Party Insurance Bad Faith Claims
There are two main types of insurance claims: first party and third party. A first-party claim is one filed with the victim’s own insurance carrier, such as a driver’s car insurance policy after a car accident. A third-party claim is one filed against someone else’s insurance company for the policyholder’s negligence or fault. Bad faith can arise in both types of claims.
You may assume that since you have kept up with your insurance premiums, you are eligible for the coverage promised under your policy. It may come as a surprise when your first-party claim gets denied by your own company – especially if the adjuster assigned to your case has been friendly and your insurance company has assured you it’s “on your side.” Unfortunately, this is a common occurrence, as insurance companies are for-profit organizations that care more about their bottom lines than clients.
While you may be more prepared for someone else’s insurance company to deny your claim or try to take advantage of you, this is still a serious problem that deserves attention from an attorney. Third-party insurance bad faith can get in the way of your financial recovery, delaying your ability to move forward. Whether your case involves a health insurance policy, homeowners insurance, automobile insurance, disability insurance or life insurance, an attorney can help you fight against bad faith for fair benefits.
You Deserve to Be Compensated
If you are having trouble getting your insurance carrier to pay for a reasonable claim, seek legal assistance as soon as possible. At the Law Offices of Hendy | Johnson | Vaughn | Emery, our car accident lawyers are trained to recognize and uncover instances of bad faith insurance. Our goal is to secure any compensation you are entitled to, which can include:
- Total coverage of the initial claim
- Liabilities in excess of the original claim
- Statutory penalties and interest
- Emotional distress
- Consequential economic losses
- Court costs and attorney fees
- Possible punitive damages
A successful bad faith insurance claim could pay you for multiple losses, allowing you and your family to move on from an accident or incident with the financial compensation that you need to restore your life as much as possible. A successful case can also provide closure by bringing the insurance company guilty of bad faith to justice.
Contact an Experienced Louisville Insurance Bad Faith Lawyer Today
Insurance bad faith is a complicated practice area that often requires the attention and expertise of an experienced plaintiff’s attorney. At the Law Offices of Hendy | Johnson | Vaughn | Emery, our lawyers have years of experience going up against major insurance corporations on behalf of our clients in Louisville and throughout Kentucky. We have what it takes to help you achieve the case results that you deserve. When you need a Louisville insurance bad faith attorney, you can contact us for a free consultation by clicking here or by calling us at (859) 578-4444.