I have a civil lawsuit filed against insurance company for (Bad Faith/Breach of Contract) for denied total loss vehicle claim!

Asked about 5 years ago - Atlanta, GA

As a result it caused financial hardship - specifically want to know about breach of law...in addition to paying the claim the law requires them to put us in same position we were in if claim was paid correct. I filed bankruptcy (ch 7) - lost primary residence and rental property...to foreclosure...both worth bout $150,000. What we be the damages recovered from such?

Attorney answers (1)

  1. John David Hadden

    Contributor Level 6

    Answered . Georgia has strict laws regarding penalties and available recoveries for wrongful denial of an insurance claims. Official Code of Georgia, Annotated, Section 33-4-6 sets out the procedure for this type of claim. If the law is followed and you are successful, you can obtain the amount off the loss plus a statutory penalty of 50% of the loss, plus attorneys' fees and court costs. However, you have to make a demand upon the insurer to cover the loss at least 60 days prior to filing a lawsuit. If the demand is not accepted by the end of 60 days, then you can file suit and have the possibility of receiving an award of penalties on top of the amount you should have received as insurance benefits. If you don't send the demand, you're limited to the insurance benefits. I would highly recommend that you hire an attorney for this type of thing - these are complex issues, and there is a very good chance that the case will end up in federal court, which adds to the complexity.

    Unfortunately, Georgia law does not generally allow for the recovery of other damages, such as the financial hardship you mentioned.

    I assume, from your question, that you're referring to a claim against your own insurance company. Except in very limited circumstances, you cannot sue someone else's insurance company because they haven't paid a claim.

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