Is it considered bad faith if an insurer offer you less money than your medical expenses?

Asked about 3 years ago - Beaumont, TX

I was in an auto accident, and the insurer offered me less money than my medical expense were.

Attorney answers (5)

  1. Daniel David Horowitz III

    Contributor Level 14

    Answered . I should say if the insurance company that won't pay is the other driver's insurance they have no obligation to deal with you fairly. If it's your own insurance, after the Brainard decision, they dint either. Contact your state rep and state senator to let them know how insurance companies ate treating Texans.


    Daniel D. Horowitz, III* Partner
    Abraham, Watkins, Nichols,
    Sorrels, Agosto & Friend
    800 Commerce Street
    Houston, Texas 77002
    713-222-7211
    713-225-0827 Fax
    www.abrahamwatkins.com
    832-483-3060 Cell

    *Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

  2. Andrew Daniel Myers

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . They are testing you. Unfortunately, there are people out there who will snap up the short money "to put this behind me". Because that does in fact happen, you need to fight back aggressively. Insurance companies are part of the financial sector of the economy. Their duty is to generate profit. You see this when they cancel coverage immediately or sooner if a premium is late, but they offer lowballs like the one that you have received. By policy, the insurers would rather delay, deny and defend a claim rather than pay.

    If you are serious enough about your case to make this computer posting, then you must be serious enough to retain an experienced personal injury attorney. Note that:

    (1) The insurance industry's own statistics confirm that once an attorney is brought in to a claim, the value goes up.

    (2) Your own attorney has a duty to thoroughly inform you about all of the potential elements of recovery which the insurance company claims adjuster does not have time or desire to tell you about.

    (3) Settlements and judgments are forever. Once you settle your case or obtain a judgment, this is the final disposition of the case forever. Should you later need additional treatment or discover an outstanding charge you did not know about, it is too late to go back.

    My office handles personal injury and accident cases in Massachusetts and New Hampshire. Despite the procedural and legal differences between our states, the insurance standards and case valuation aspects of this topic are relatively universal across the U.S.

    CLICK HERE: FREE ACCESS TO GENERAL PERSONAL INJURY WEBSITE:
    www.attorney-myers.com

    CLICK HERE: HOW PERSONAL INJURY CASES ARE EVALUATED:
    http://www.attorney-myers.com/legal/2011/06/wha...

  3. Daniel David Horowitz III

    Contributor Level 14

    Answered . Not in Texas.


    Daniel D. Horowitz, III* Partner
    Abraham, Watkins, Nichols,
    Sorrels, Agosto & Friend
    800 Commerce Street
    Houston, Texas 77002
    713-222-7211
    713-225-0827 Fax
    www.abrahamwatkins.com
    832-483-3060 Cell

    *Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Not bad faith if other driver's insurance.

    Click on name or picture to see profile page.
  5. James J D Campbell

    Contributor Level 9

    Answered . First, in most states, an insurance company that represents the other driver cannot act in "bad faith" towards you. They can found to have failed to comply with the fair practices of your state, but that generally is not bad faith. But, if it is your insurance company, and you are making a claim under your underinsured or uninsured motorist coverage, then it is possible that unreasonable negotiating is bad faith.

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