Every time you make premium payments to your insurer, you do so hoping that your insurer will fulfill their obligations when an accident happens. If and when such an accident happens, you expect that your insurer will compensate you and pay for all damages covered by your insurance policy. But when an insurer fails to reasonably pay your claim when you are injured or your property is damaged as per your policy, the insurer has committed what is called bad faith insurance. If you find yourself in such a situation, it is advisable that you seek professional legal help. A Houston bad faith insurance lawyer would be the best fit for such conflicts with an insurer.
It is usual for insurance companies to deny or limit the amount of money they offer in a claim. However, this happens only where there is clear cut warning or justification. Not every conflict raised by the insured to the insurer amounts to bad faith. However, should you feel that your deserve compensation for an improperly denied claim, you may have grounds to file a bad faith case against your insurance company.
But how do you know how to go about filing a lawsuit against your insurer? You are entitled to file the petition yourself, and reference the relevant Texas and local Houston statutes for a Bad Faith insurance claim. However, it is advisable to hire a qualified and experienced lawyer who specializes in these bad faith insurance claims. By so doing, you are assured that they will be committed towards fighting for your best interests. Our Houston bad faith insurance lawyer will work closely with you, and help you understand the various laws surrounding bad faith insurance claims.
Which Duties Am I Owed By My Insurance Company?
The laws governing insurance companies in Houston are crystal clear when it comes to matters revolving around conflicts between the insurance company and the insured. These laws dictate that the insurer must fulfill a number of duties to the insurance policy holders within a particular amount of time. Should they deliberately fail to act accordingly, the insured has the right to sue them.
However, suing an insurance company entails a substantial amount of work. You will have to face the insurance company’s legal team, who will try to bury you in paperwork to encourage you accept a small settlement and deter you from further pursuing your claim. This will, without doubt, necessitate the need for a qualified Houston bad faith insurance lawyer.
The major duties owed to you by your insurance company include:
The Duty to Carry Out Investigations
All insurance companies are expected to carry out immediate investigations once the insured files a claim for compensation for damages arising from an accident. This must also be done expeditiously without any intentional delays. The investigations must be able to showcase the valid reasons why the insurance company refused to pay your claim. Failure to carry out proper research and provide these findings may constitute bad faith, and as such, the insurer can be made to answer before a judge or jury in Houston.
The Duty to Defend the Insured
Every insurance company is bound by law to protect and defend the interests of their policy holders. In cases such as car accidents, they must act as the link between the insured and an injured third party filing a claim. This ensures that the insured does not answer directly to anyone who files a claim, but instead has the insurance company as their representative. The company will be responsible for all financial costs arising from an accident or lawsuit. Failure to provide such coverage means that they breached their duty to defend their client.
The Duty to Indemnify
The insurer is legally expected to pay particular settlements based on the agreement they entered with the insurer. Normally, this amounts to the limit of the insured’s policy coverage. When the insurer fails to follow their duty of indemnification to their insured and exposes their client to be sued by a third party, this opens a loophole through which they can be sued in a court of law.
As a bad faith insurance victim, you should note that jurisdictions may have different opinions regarding the different aspects that add up to bad faith insurance. To have a better understanding of the laws pertaining to such claims, you should consult our Houston bad faith insurance lawyer immediately.
We Will Help You Seek Justice by Filing a Bad Faith Insurance Lawsuit
The corridors of justice can and will help you set things straight when your insurer turns their back against you. However, this often depends on your area of jurisdiction, and the laws pertaining to bad faith insurance in your area. Our experienced Houston bad faith insurance lawyers will guide you every step of the way, and make you aware of your rights as a policyholder. If you have any pending questions on filing bad faith insurance lawsuits, our representatives are here to answer them in a free consultation.