Has your insurance claim been wrongfully delayed or denied in Porterville, California? A Porterville bad faith insurance lawyer can review the policy, claim records, and the insurer’s actions. Matadores Accident & Injury Lawyers helps clients seek payment when an insurance company fails to handle a claim fairly. Contact us today at (559) 500-1000 for a free consultation.
People buy insurance to protect themselves when something goes wrong. When an insurance company unfairly delays, denies, or underpays a valid claim, the policyholder may face added stress and financial harm. Getting legal guidance early can help protect your interests.
Why Choose Matadores Accident & Injury Lawyers for a Bad Faith Insurance Case in Porterville, CA?
Bad faith insurance cases can involve policy terms, claim records, letters, and details about how the insurer handled the claim. At Matadores Accident & Injury Lawyers, our Porterville bad faith insurance attorney can review these records to find out whether the company acted unfairly.
Our team offers:
- 25 years of combined experience
- More than $100 million recovered
- A 5.0-star client rating
- A focus on personal injury law
The firm can review the insurance claim, gather proof, deal with the insurer, and seek payment for losses caused by bad faith. Contact us today for a free consultation with a Porterville personal injury lawyer.
What Is Insurance Bad Faith in California?
California insurance companies have a duty to act in good faith and deal fairly with their policyholders. An insurer may act in bad faith when it unreasonably withholds benefits owed under an insurance policy.
California Insurance Code § 790.03 identifies unfair claims settlement practices, including failing to investigate claims reasonably and failing to respond promptly to claim communications. However, a violation of this statute does not automatically give a policyholder a private right to sue under that provision.
A denied or delayed claim does not necessarily establish bad faith. Whether a claim exists depends on the policy, the insurer’s conduct, and the circumstances of the dispute.
What Are Examples of Insurance Bad Faith?
Bad faith can take many forms. The key issue is often whether the insurer had a fair reason for its actions.
Possible examples include:
- Denying a valid claim without a fair review
- Delaying payment without a good reason
- Failing to look into a claim
- Ignoring important evidence
- Offering far less than a valid claim is worth
- Giving false information about policy terms
- Failing to explain why a claim was denied
- Refusing to respond to the policyholder
Not every dispute with an insurance company is bad faith. A lawyer can review the policy and claim file to see whether the insurer’s actions may support a claim.
What Types of Insurance Claims Can Involve Bad Faith?
Bad faith can arise under many types of insurance policies. The details depend on the coverage and the reason for the claim.
Cases may involve:
- Auto insurance
- Uninsured motorist coverage
- Underinsured motorist coverage
- Homeowners insurance
- Property insurance
- Health insurance in some cases
- Other forms of personal insurance
For example, a driver may file a claim under their own uninsured motorist policy after being hit by someone without insurance. Their insurer still has duties when reviewing and handling that claim.
The policy itself is an important part of any bad faith case because it shows what coverage the insurer agreed to provide. Insurance bad faith claims generally involve an insurer’s obligations to its own policyholder, rather than a claim against another person’s insurance company.
What Damages May Be Available in a Bad Faith Claim?
A bad faith claim may seek more than the amount that should have been paid under the policy. The economic and non-economic damages available depend on what the insurer did and the harm it caused.
A claim may seek payment for:
- Benefits owed under the policy
- Financial losses caused by the insurer’s conduct
- Emotional distress in some cases
- Attorney fees in some cases
- Other losses allowed by law
Punitive damages may also be available in some cases involving especially wrongful conduct. California Civil Code Section 3294 sets the rules for when punitive damages may be awarded.
The facts of the case will decide which types of damages may apply.
How Long Do You Have to File an Insurance Bad Faith Lawsuit?
In California, a lawsuit seeking damages for an insurer’s bad faith generally has a two-year filing deadline under California Code of Civil Procedure § 339. A claim for breach of a written insurance contract generally has a four-year deadline under California Code of Civil Procedure § 337.
However, some insurance policies and state laws impose different filing periods, including shorter deadlines for certain property insurance disputes. The date the deadline begins to run can also depend on the insurer’s conduct and when the claim arose.
A Porterville bad faith insurance lawyer can review the policy, denial letters, and claim history to determine which deadlines may apply. Seeking legal advice promptly can help protect your right to pursue compensation.
Contact Our Porterville Bad Faith Insurance Lawyers Today for a Free Consultation
An insurance company has the right to review claims, but it must do so fairly. Unreasonable delays, denials, or other unfair conduct may give a policyholder grounds to take legal action.
A Porterville bad faith insurance attorney at Matadores Accident & Injury Lawyers can review your policy and the insurer’s handling of your claim. Contact us today for a free consultation to learn about your legal options after an insurance dispute.
