Making a Claim for Bad Faith Insurance in Rapid City

by | Sep 17, 2014 | Lawyers

If you have suffered injuries in an auto accident, you have several ways to get compensated for property damage and personal injury. You may be able to file a claim against the other driver, and you may have a third-party claim against that person’s insurance company. Depending on the circumstances of your accident, you may be able to sue your own insurance company. Here, you’ll learn about suing your insurer when it acts in bad faith after you’ve been injured in a car accident.

Bad Faith: What is It?

Generally speaking, an insurer acts in bad faith if it doesn’t fulfill the terms of its contract with you, or if it disobeys state law. Bad Faith Insurance in Rapid City may include acts such as:

  • Denying claims it owes
  • Unnecessarily delaying payment of claims
  • Requiring claimants to fill out excessive paperwork
  • Taking too long to approve or deny a claim
  • Not offering a reason for claim denial
  • Failing to settle when a claim is made against you
  • Neglecting to defend you when claims are made

Insurance companies have many other duties, and they vary by state. While some states may require insurers to take certain actions, others may not. Some states only allow “bad faith” suits when the claimant has insurance through a particular company, and others don’t. In such states, if you’re filing a claim against another driver and their insurer isn’t treating you fairly, you might have a Bad Faith Insurance claim.

Steps to Take in a Bad Faith Claim

If an insurer acts in bad faith, you may be able to file a claim in addition to your original injury and property damage claims. Bad Faith Insurance in Rapid City is a complex area of the law, and your case will require the assistance of a lawyer. A bad faith attorney can explain each step of the process, and he or she can help you gather the documentation necessary to prove your case. If you think you have a claim against your auto insurance company, you should talk to a lawyer who can explain your options and protect your legal rights.

For more information, contact Beardsley Jensen And Von Wald