Bad Faith Insurance Claims Lawyers
What is Bad Faith in Florida Law and Insurance Claims?
Insurance companies must act with a sincere intention to be fair, open, and honest, paying claims promptly in case of damages caused by events covered by the policy. Unfortunately, we know this is not always the case. Even if you file your claim correctly, many companies look for ways to avoid making payments or to reduce the amount of compensation.
Under Florida law "Bad Faith" happens when an insurance company deliberately and unfairly avoids fulfilling its legal or contractual obligations and denies a valid claim. If you suspect your insurer is acting in bad faith, contact us as soon as possible to evaluate your case!
Common Bad Faith Actions in Florida
The insurance adjuster's job is to protect the company's income. To do so, they use all kinds of questionable tactics. Some of the most common are:
- Unreasonable delays in responses and payments.
- Material misrepresentation of facts.
- Withholding of important information.
- Refusing to pay without "investigating," even when it is clear who is liable.
- Knowingly failing to investigate the claim.
- Misleading you to enter into an agreement.
Many states, including Florida, consider insurance companies to be under an "implied covenant of good faith and fair dealing." These acts could constitute a breach of the covenant and open the door to a lawsuit.
First-party vs Third-party Bad Faith
Florida recognizes two types of bad faith claims through common law and statutory law, depending on your relationship with the insurer: first-party and third-party claims.
If you are the insured, you should file a first-party claim. For example, if you got sick and your health insurance company refuses to cover the medical expenses, it would be a case of First-party Bad Faith.
On the other hand, if another party's insurer committed bad faith against you, you should file a third-party claim. If you were injured by a third party and their insurer avoids paying the compensation you deserve, you will need to file a Third-party Bad Faith claim.
Third-party claims are complex, as it is necessary to consider any wrongdoing or negligence of the other party involved in the accident in addition to their insurer's actions.
I want to file a Bad Faith claim. What should I do?
First, you need to understand something: insurance companies are always backed by legal teams. Any error in your paperwork or inconsistency in your story, no matter how small, is something they will gladly use against you.
In the face of any eventuality, you should contact an bad faith insurance claim attorney immediately. The advice of a professional will help you tip the balance in your favor, avoid common mistakes, and be confident that your case is in good hands.
To file a Bad Faith Insurance Claim in Florida, you can do so through the Florida Department of Financial Services or go to court.
You will need:
- Your name, address, and phone number.
- The name of the insurer who you suspect acted in bad faith.
- A description of the events that made you suspect the insurer.
- Any other relevant information or evidence.
Bad faith insurance claims are separate from the original insurance claim. If you already filed a claim after a car accident and you suspect Bad Faith in your case, you must file a second Bad Faith Claim.
Is your insurer unfairly delaying or avoiding payments? We are here to help!
Bad faith claims, are complex and the worst mistake you can make is to try to take on the insurance company and its lawyers alone. You need the support of your own legal team!
Call our personal injury lawyers today at 321-999-1111 24 hours a day or fill out the online form located at the top of this page, and we will contact you shortly.