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Bad Faith Attorney

Los Angeles, CA |

Can I still sue my Insurance company for bad faith if I had a binding arbitration and lost because my lawyer did not do his job or can I get a new lawyer and just start over with my new lawyer and go through the hole new binding arbitration again?? What is the statue of limitations to sue my insurance company for bodily injuries and property damage. Please help!!

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Attorney answers 7


If you have a lawyer, discuss all of your questions and concerns with him or her.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


You do not provide enough information for us to really answer you, and from what you have provided I suspect the situation is too complicated for a simple answer. You should discuss with your attorney so you understand what happened. If you are not happy with your attorney, then you should talk to some other attorneys and get their opinions. If, indeed, it was a binding arbitration, you may have no further recourse against your insurance company. If your attorney "did not do his job" as you say, there might be a malpractice action. Only an attorney with all of the facts and the file materials could really address this.

I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Call me. Joyce J. Sweinberg, Esquire 215-752-3732 Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


I believe this is the second time you have posted this question relating to UIM insurance and the answer is the same as the first time - you can not sue your insurance company because you do not like the result of binding arbitration. If your lawyer did not do a good job, you might have a remedy against him or her.


If you went to binding arbitration and lost, where is the bad faith on the part of your insurance carrier? And if you lost a binding arbitration, it is highly unlikely that you will get a chance to start over again. Your remedy, if any exists, may be a malpractice claim.


If this is uninsured motorist matter you will need to look to for a statutory reason to overturn the award - which generally hinges on arbitrator misconduct. If this was a third-party matter and done by written stipulation you will need to look to the stipulation - most likely you have waived all rights to appeal. If the prior attorney made tactical decisions that didn't work out - no luck. have your new attorney review for possible malpractice issues, it sounds like the insurance carrier is out of the loop


Have a local legal malpractice lawyer investigate.


As always, more facts would be helpful!! A binding arbitration bad result is usually something you're stuck with. My best advice, find a legal malpractice lawyer to review the file and arbitration. You may have to pay to have this done, but only you can determine whether its that important to you. Good luck.

DISCLAIMER: The information gathered from this website, Tryk Law or Benjamin P. Tryk is not legal advice. If you are in search of legal advice, you should consult with an attorney about your specific situation. Communicating with Tryk Law, Accident Injury Attorneys through the use of this website does not establish an attorney/client relationship. You should not disclose any information that you consider confidential until an attorney/client relationship has been created.

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