Were you recently hurt and have questions about the insurance? Here is what you should know about bad faith insurance when filing a claim.
1) Definition
We often get questions from people where they have heard about insurance bad faith. They don’t know what it is exactly. Simply put, insurance bad faith is when an insurance company doesn’t deal fairly with you, and in the context of claims, doesn’t settle a case when it could have, and under all the circumstances, should have within the policy limits of your case.
When people call us with what they think is an insurance bad faith claim, and it occurs in Duval County, Nassau County, or any of the surrounding areas, we make an appointment with them. We sit down and we talk about it. We educate them about bad faith.
There are complexities to bad faith. We walk you through it and map out a plan for how to deal with that insurance company. Call us today.
2) Statue of Limitations
We get called in sometimes where a client has gone to trial, gotten a verdict, and the verdict is in excess of the policy limits, which provides a possibility for there being a bad faith case. The lawyer they had for whatever reason is not willing or able to move forward on that part of the case. Typically, the case has been tried years earlier.
There is a statute of limitation. It’s five years. It’s more than the average four years, but it’s five years from the date that you get the verdict or the judgment. You’ve got time, but time is allusive, as we all know.
If you have that situation where you need help with what we call the second part of a bad faith case, and it’s occurred in Duval County, Nassau County, and the surrounding areas, call us. We’ll sit down; we’ll go over everything. If we can help you, we’ll devise a plan moving forward that will be best for you and your case.
3) Differences Between First and Third-Party Bad Faith Claims
People often ask us about bad faith claims and first-party or third-party bad faith claims. It’s a good question because insurance company behavior comes up in both settings. A first-party bad faith claim is a claim against your own insurance company where they didn’t provide benefits for you under circumstances where they should have.
A third-party bad faith claim is a scenario where, for example, you have been hurt in an automobile accident. You sue the at-fault driver. Their insurance company will not settle the case when they should have. You go to trial. You get a fair verdict for the full measure of your injuries and it is way over and above the policy limits of that insurance company.
In Florida, there has always been the ability to have the third-party case, but there was no such thing as first-party bad faith where your own insurance company’s behavior can be brought to task until rather recently. It’s created by statute where you go through some hoops to establish your claim under a statute that’s on the books in the state of Florida. If you satisfy that, then you can prosecute your bad faith claim against your own insurance company. That’s basically the differences, but in essence you’re calling to task the behavior of the insurance company for not dealing fairly with you when under all the circumstances they should have and could have.
If you have that kind of a case, or you think you have that kind of a case that occurred in Nassau County, Duval County, or the surrounding areas, call us. We’ll sit down; we’ll talk about it. We’ll get organized and devise a plan that’s best for you and your case.
Did you or a loved one experience bad faith insurance in Florida and have questions about what you should know about bad faith insurance before filing a claim? Contact experienced Florida bad faith insurance lawyer at Paul Boone Law today for a free consultation and case evaluation.
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