October 16, 2024
Fighting Back: How a Texas Bad Faith Insurance Lawyer Can Help
One of the most difficult things to cope with after an accident is negotiating with the insurance company. Although insurance coverage is designed to protect you during your greatest time of need, far too many insurers are profit-driven and are willing to use unscrupulous tactics to take advantage of their claimants and deny them the fair settlements they deserve.
If the insurance company handling your claim is engaging in bad-faith tactics, lowballing you, or refusing to provide you with the compensation you are entitled to, you may require the legal guidance and support of a premier Texas bad-faith insurance lawyer from Callender Bowlin. With our firm advocating for your rights, you do not need to feel intimidated going up against the insurance company. Here is more about how bad-faith insurance tactics work, how your bad-faith insurance attorney can protect you from being taken advantage of, and the steps you should take if you believe the insurance company is handling your claim in bad faith.
What Is Bad Faith Insurance?
Bad-faith insurance tactics involve insurance companies using unscrupulous methods to reduce settlements or deny claimants the compensation they are entitled to. If insurance companies act in bad faith, not only are policyholders and claimants entitled to the compensation as described in their policy terms, but they may also be entitled to further compensation for the emotional distress and other financial losses related to the bad-faith insurance claim. However, it is also important to recognize that not all moves the insurance company makes can be considered bad faith.
The insurance company must be actively preventing you from recovering the compensation you are entitled to. If you are unhappy with a low settlement offer or there is a delay in the payout of your claim because of a computer issue or mistake made by the insurance adjuster, these would not be considered grounds for a bad-faith insurance claim. When you are unsure whether you have a bad-faith insurance claim on your hands, your best option may be to consult a reputable property damage lawyer who can review the details of your case and advise you accordingly.
How a Bad-Faith Insurance Lawyer Can Help
Having a Texas bad-faith insurance lawyer working for you can only benefit your case. You may not know whether the insurance company is handling your claim in good faith. If you have never been through the insurance claim process before or do not understand your insurance policy terms, the insurance adjuster could say anything and you would have no idea whether it was in bad faith.
Fortunately, your legal representative will. Not only can we help identify bad-faith insurance tactics, but we can challenge them. We will not let the insurance company take advantage of you during your greatest time of need. When the insurance company attempts to lowball you, deny you the compensation you deserve, or actively prevent you from accessing the financial support you are entitled to, we will be ready to fight back. We will carefully review the policy terms to ensure we are holding the insurance company accountable to their financial responsibilities.
If we determine the insurance company is handling your claim in bad faith, we will be prepared to move forward with a claim against them. If your claim is successful, you could receive full compensation for your damages as requested in your original claim, plus additional compensation for the hardship and trauma that the insurance company’s bad-faith tactics caused.
Common Examples of Bad Faith Insurance Practices
Examples of bad-faith insurance practices include:
- Concealing policy language
- Delaying settlement negotiations
- Denying a valid claim
- Failing to investigate a claim
- Intimidating claimants
- Misrepresenting policy provisions or facts
- Offering an unreasonably low settlement
- Refusing to defend the policyholder
- Threatening legal action
- Undervaluing claims
- Unjustified denial of benefits
Insurance Bad Faith FAQ
What is common law bad faith in Texas?
The common law bad faith statute in Texas, under Texas Insurance Code Chapter 541, states that if an insurance company unjustly delays the processing or payout of your claim, or denies your claim when it is obvious that they should have approved a fair settlement, this is considered common law bad faith.
What is the statute of limitations on bad faith insurance in Texas?
Under Tex. Civ. Pract. & Proc. Code § 16.003, Texas law only allows bad-faith insurance claims to be filed up to two years from the date the deceptive act or bad-faith tactic was used or you became aware of the unscrupulous tactics in question. If you miss this deadline, you could be barred from receiving compensation through a bad-faith insurance lawsuit.
Is bad faith hard to prove?
Yes, especially if you do not have a legal representative fighting for your rights. The insurance company may have many methods of hiding their bad-faith tactics. However, since the burden of proof is based on a preponderance of the evidence as described under Tex. Civ. Pract. & Rem. Code § 41.001(2), as long as the evidence we present clearly and convincingly shows that the insurance company handled your claim in bad faith, we should be able to secure a verdict in your favor.
Consult a Bad Faith Insurance Attorney in Texas for Legal Support Today
You might have hoped to recover the compensation you were entitled to after suffering injuries or property damages through an insurance settlement alone. However, if the insurance company is handling your claim in bad faith, we may need to take further legal action against them. We will do everything possible to hold the insurance company accountable to their contractual obligations as outlined in the insurance policy.
Your Texas bad-faith insurance lawyer from Callender Bowlin is not afraid to go up against profit-hungry insurance providers. Our team will gather the compelling evidence we need to ensure we meet the requirements as described in your policy terms so the insurance company has no other choice but to settle your claim fairly. If they continue to refuse, we can escalate your case further. Learn more about how you can challenge bad-faith insurance tactics and recover the compensation you deserve when you contact our office to schedule a free, no-obligation consultation. Reach us through our secured contact form or by phone to get started as soon as today.
