When you suffer from a personal injury, the first step often entails seeking compensation from your insurance provider. Their role is to remit funds for accident victims depending on the insurance policies relevant to the case. Subsequently, a victim who has to deal with bad faith from their insurance provider risks missing out on receiving compensation for the harm caused.
By understanding the various characteristics classified as acts of bad faith, you can protect yourself or your loved one from unjust compensatory outcomes. Furthermore, assistance from a Las Vegas personal injury attorney will increase your chances of raising issues against the insurance provider. Overall, your knowledge of what an insurer’s bad faith entails can be pivotal in helping you receive rightful compensation.
Understanding the Meaning of Bad Faith in Las Vegas, Nevada
The prevailing law in Nevada recognizes bad faith applied by insurance providers and provides several avenues for a victim to seek redress. Under the provisions, bad faith entails denying a policyholder access to financial compensation or benefits. The denial encompasses unfair processes resulting in the victim’s exclusion from receiving the funds.
Further, insurance providers accused of bad faith will also be aware that their decisions are unfair yet allow the outcome to ensue. Consequently, the policyholder suffering from personal injuries is unable to seek rightful treatment, among other benefits. What’s more is that they may suffer subsequent harm from the inaccessibility of funds, causing additional problems.
While the definition of bad faith encompasses the unfair treatment, specific actions amount to misconduct in the insurance realm. Therefore insurance policyholders can report bad faith cases if one of the following affects them:
Your Insurance Company Failed to Investigate Your Case Accordingly
Insurers operate under strict rules requiring them to handle each claim individually. This involves conducting investigations on the policy holder’s claims to ensure the subject matter in the case is identifiable. Not only does undertaking investigations signify the insurer’s duty of care, but it also demonstrates their initiative to provide fair remuneration to you.
Typically, an investigation on your claim requires them to follow up on your medical records, procedures and expenses incurred. In exceptional cases, an insurance representative may also meet with your doctors to discuss the severity of your case, along with the recommended treatment. After obtaining the necessary information, your insurer will then reach an informed decision on how to release funds for assistance.
A case involving bad faith contradicts the discussed expectations so that the insurer fails to undertake any form of investigation. This may also extend to dismissing basic processes aimed at verifying the type of accident you faced.
Due to the neglect, your claims are not filed officially, meaning that no agent or official will look into them. Subsequently, you could suffer inevitable delays that often create additional complications in the long run.
For some, the insurer may begin the investigation process but fail to undertake the important procedures. For example, attaching wrong details from a separate investigation would diminish the chances of a successful outcome for your case.
Therefore, you want to remain attentive to your case management after presenting your application to help you avoid inconveniences. Alternatively, you can contact your personal injury attorney to follow up with the insurance provider for a more reliable option.
You Did Not Receive Reasons for Denial of Your Claim
After waiting for a response from your insurer, they may call you in and present a notice of claim dismissal. Sometimes, the letter is delivered to your address to avoid dealing with you in person. Upon receiving the document, you may inquire for reasons behind the rejected claim with no success.
Cases like this are not uncommon and often leave you stranded and with fewer options to explore in seeking compensation. Due to this, you will have a harder time recovering and continuing with the urgent medical treatment necessary to treat your personal injuries.
Following the prevailing regulations in most company operations, you should receive a detailed document explaining the denial of insurance funds.
Moreover, the details should specify the measures taken by your insurer in verifying your claims and the process resulting in the denial. This way, you can understand the shortcomings involved when presenting your case and how to correct or avoid them in the future.
However, since you are less likely to accept the denial notice and seek an alternative legal solution, the insurer may avoid issuing the document, as it may serve as evidence later on. Consequently, your intention to pursue the matter further may be hindered, causing you to miss out on receiving compensation.
The failure to issue reasons upon rejection may also indicate poor management in the insurer’s company. This is often the case where the assigned officers fail to conduct assigned duties or neglect their duties under orders from a different officer.
When you discover these underlying circumstances, you want to contact your personal injury attorney as soon as possible and seek remedies. Their involvement in the case may not only help you receive compensation eventually but will also protect other policyholders from bad faith in the future.
The Insurer Did Not Justify Your Claim Denial
In other circumstances, the insurer may provide reasons for the insurance claim denial. However, they may be unjustified or demonstrate impunity on the company’s side. Typically, issuing reasons for rejecting your insurance claim indicates that an insurer assesses the matter.
This means they ought to have considered the effects of your accident and decided that your case was manageable without the amount of funds you requested for. Moreover, the reasons should demonstrate a careful assessment of the possible outcomes for you and your loved ones due to lack of funds.
Thus, if you and your personal injury attorney cannot derive justified reasons from the insurer’s response after rejecting your claim, you can appeal. The grounds for your appeal will involve bad faith, including the particulars in the unjustified denial.
For example, if the insurer conducted improper or substandard case investigations before rejecting you, you can demonstrate how it resulted in disadvantages for you. In a case where insurance representatives did not probe you on your personal injury conditions, you can also raise a case based on neglect.
Adverse cases also involve bias against policyholders within a specific tier. For example, an insurance policyholder under the standard coverage may receive fewer benefits compared to premium policyholders. The discrimination based on your insurance policy also amounts to an unjustified reason for denial. It also culminates in bad faith and can be a valid reason to file a court case against the insurance company.
You Were a Victim of False Representations From the Company
In today’s world, false advertising has been the cause of multiple misrepresentation suits. Similarly, your insurance company may be guilty of presenting exaggerated or misleading details about their policies. They often do this to ensure you sign up for their policies, as providing truthful details may yield fewer prospects. As a result, you will buy into the insurance policy with specific expectations that are rarely met.
When you discover your policy was coupled with falsified details, you want to look into filing a bad faith claim. This is because you undertake several actions guided by these policies. Hence, you risk your finances by investing with the insurer, with little to no assurance of coverage.
Some examples of misrepresentations include claims that your policy caters to surgical procedures. If your personal injury requires you to undergo surgery, you may have to delay it owing to inaccessible funds. The result is frustration and despair for many patients, as their insurance policies will have issued false details regarding their coverage.
Additionally, misrepresentations in bad faith also apply where the chargeable premiums are downplayed. When signing up with your insurer, you may expect to make payments only a few times a year, depending on the type of cover. However, the insurers may then present additional charges after you signed up, forcing you to adjust your financial responsibilities.
Having adhered to the unexpected additional claims, you ought to receive assistance when needed, particularly after facing a personal injury. Nevertheless, an insurer acting in bad faith will avoid providing the compensation on unjustified and unsubstantiated grounds.
Your lawyer’s input in the situation can help you avoid subsequent challenges, as they will guide you on how to confront the misrepresentation. When you take up the matter in court, the presiding judge may issue punitive penalties to the insurer for committing fraudulent and negligent acts against their policyholders.
Your Claim Application was Delayed for Long
Naturally, causing delays in remitting funds results in frustrations and additional challenges for the personal injury victim. Insurers will often use delay tactics to keep you from pursuing your claims in hopes that you will drop the application entirely.
This strategy is an act of bad faith because it entails denying your rightful compensation without any justifications. Hence, you can pursue legal action against the insurance company to ensure they are held accountable for their misconduct.
At first, delays may appear to be genuine hold-ups within the company due to complicated processes. For example, the insurance representative may use bureaucracy as an excuse for delayed investigations and processing of your funds. However, further inquiry may reveal few bureaucratic processes, meaning the insurer is stalling on purpose.
Additionally, they may present you with challenges in the monetary transaction and wiring systems, leading you to believe the problem will resolve soon. However, further investigation of their promises will reveal that they may be stalling on purpose to dissuade you from receiving your claims.
Moreover, you may suffer from an insurer’s delay tactics under the excuse of complicated paperwork to process. In this case, they may request you to present multiple documents as proof of your personal injury. Some will also repeat their requests in the documents to present, leading to further delays in processing the paperwork.
Finally, some insurers may claim to have already released funds into the relevant accounts and claim that notifications will follow afterward. This is a deterrent delay tactic aimed at shifting your attention elsewhere for the time being as they continue to retain your rightful compensation.
Having learned of the possible delay tactics that prevent you from seeking your compensatory amount, you are better equipped to identify a problem sooner. This way, you can seek assistance in determining the best strategy to hold the insurer accountable.
An Assigned Insurance Adjuster Used Duress During Negotiations
After suffering from a personal injury, you should meet an insurance adjuster or representative from your insurer as soon as possible. The meeting should allow the adjuster to understand your case by asking questions and assessing your physical appearance. Since most personal injuries are apparent upon meeting face to face, the adjuster should derive findings and create a report.
However, insurance adjusters often work under strict instructions to limit the amount you can receive after presenting your claim. This is because the insurance company is in business and often seeks ways to maximize profits. Due to this, the insurance adjuster may find avenues to downplay the severity of your injuries.
Moreover, you should note that you can invite your personal injury attorney to meetings with your adjuster. In fact, including your lawyer is highly beneficial because they can depict instances of bad faith from an adjuster if any.
Nevertheless, some insurers may issue explicit instructions to insurance policyholders to refrain from including third parties in the meetings. Doubtless, they are more likely to prey on policyholders without a retained lawyer, as they are less likely to understand their rights and exercise them.
Thus, upon appearing for the meeting, insurance adjusters may, in bad faith, ask probing questions aimed at downplaying your claim. Some cases may also include adjusters trying to paint you as a fraud, with allegations that personal injuries are non-existent.
You should also note that any attempts to have you give up on pursuing compensation can amount to bad faith. If your adjuster points out flaws in your case and advises you to settle your claims elsewhere, they may be trying to dismiss you to avoid formal investigations.
If your first meeting with your insurance adjuster reveals any efforts to dismiss your case in bad faith, you want to consider calling your personal injury attorney. When reporting the events to your lawyer, include all details discussed in the meeting in-depth.
Doing this will help your lawyer prepare for the subsequent meeting and challenge the insurance adjuster’s approach. If they do not revert their actions in bad faith, you can consider filing an official civil suit.
There was Improper Communication About Your Insurance Policy Cancellation
A policyholder may be shocked to learn of a canceled policy after presenting their claim. The event may indicate bad faith coupled with fraudulent intentions by the insurers in some cases. Consequently, the details regarding your policy cancellation should be clear to help you understand why your claim is inaccessible.
Should the insurance company fail to provide a detailed report on when your account was closed, you can present several concerns regarding the management. Bad faith from the company will be evident, particularly if the company continues receiving your monthly or annual payments despite the cancellation.
Furthermore, the insurers should have notified you of the cancellation to protect you from making overpayments into a dormant account. If you did not receive any details before presenting your claim, the company would have acted in bad faith.
You also have a right to learn where your funds were channeled to after your policy was canceled. This gives you a chance to recover them and use them to cater to your medical needs. Working with your personal injury attorney will be essential in handling the matter, as they can help you request tabulated reports on annual payments.
Upon making personal assessments, you can then decide whether to pursue the matter further or arrange a meeting with the insurers for clarification. Since you may have a rightful claim in the unaccounted funds, you can engage your personal injury lawyer and prepare for a suit.
Find a Las Vegas Personal Injury Attorney Near Me
Usually, your insurance company should support you after involvement in a severe accident resulting in personal injury. They ought to do this by remitting funds to you upon receiving your claims and conducting proper investigations. Moreover, the company should follow up on urgent cases to help you receive the assistance you need immediately. However, cases of bad faith may prevent you from receiving compensation, contrary to Nevada regulations.
Upon facing challenges with accessing compensation, you want to work with an experienced personal injury attorney for assistance. Thanks to their support, you can challenge the insurance company’s decision and seek a justified outcome. At Las Vegas Personal Injury Attorney Law Firm, you will receive excellent legal services from a well-experienced team of attorneys in Las Vegas, Nevada. With our help, you can uncover issues in your case related to bad faith from an insurer and seek remedies. Contact us today at 702-996-1224.
