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Bad Faith Claims

The majority of drivers are content with their insurance company and depend on their insurance, especially while facing difficult times leaving them unable to work due to injuries or with a large bill due to property damage. In these cases, we expect the support of our insurance company and believe they will have us covered. Unfortunately that is not always the case. Some insurance companies delay their insured’s claims or even deny them without any good reason; this is referred to as a bad faith claim.

There are two types of bad faith claims, first party and third party. A first-party bad faith claim occurs when an insurance company refuses to pay or investigate a claim of their own insured. A third-party bad faith claim occurs when an insurance company fails to defend, compensate, investigate or settle a claim for a party different than their insured. Insurance companies are required by common law and statute to recognize and investigate claims, respond quickly and not slow down the process, and identify reasons for denying or delaying a claim. The state of Florida does not allow first-party bad faith claims under common law, though both common law and statutory law both allow third-party-claims. Florida Statute 624.155(1) allows any person to bring a civil action against an insurer if the insurer is “not attempting in good faith to settle claims when,, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.”

If you believe that an insurance company is not handling your claim in an appropriate manner, call the Darfoor Law Firm at 1-833-DARFOOR to speak with a Fort Lauderdale personal injury attorney that knows the concept of bath faith by insurance companies. We want to ensure that your claim is handled quickly and correctly, allowing you to receive compensation for your injuries, as well as your troubles.

If you have had a negative experience with an insurance company while filing a claim, please leave a comment on our Instagram page about your experience. We look forward to hearing from you.

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