Steps to Take to Pursue a Bad Faith Claim
If you have been the victim of bad faith insurance practices, act quickly to file a bad faith claim. Follow these steps to file your claim and seek compensation for the insurance company’s mistreatment and mismanagement of your claim.
Know the Signs of a Bad Faith Insurance ClaimIdentifying a bad faith insurance case can be tricky, especially if you have a particularly difficult case. Sometimes when an insurance company in Aurora is taking too long to make a decision, it is because of a complex or difficult claim; it may not be indicative of bad faith. Still, there are several warning signs to watch for when dealing with an insurance company you believe is acting in bad faith. Watch for the following signs: immediate denial of your claim; refusal to explain benefits; failure to conduct a reasonable investigation; delay or cease in communication about claim status; or unreasonable delay in paying benefits. As soon as you suspect that the insurance company is acting in bad faith, you should begin developing your case.
Gather the Evidence That Shows the Insurance Company Acted in Bad FaithMake sure you keep copies of all the correspondence between yourself and the insurance company. Document every phone call and make note of with whom you speak, the time and date of the call, and what you discussed. Note when you send documents that the insurance company requests and keep track of the time between correspondences. Pull up your policy terms and payment statements to show that you have paid your premium on time and in full each billing cycle. If you are a customer in good standing, the insurance company should honor your policy without question or hassle.
Show Proof That You Attempted to Rectify the SituationBefore you start claiming bad faith, attempt to settle the matter directly. Request a full explanation of your benefits and if you have a local office, schedule a meeting face to face with an adjuster to fully review your claim. If the insurer denies the claim and gives no reason for doing so, request a written statement clarifying the reason for denial. If you feel the insurer did not completely investigate your claim or did not investigate at all, contact the insurance adjuster. If he or she tells you the claim did not warrant an investigation, request one.
Contact a Bad Faith Claim AttorneyFiling a bad faith claim is not a simple task. You will be filing a lawsuit against a large corporation with its own legal department full of attorneys. You should give yourself the same advantage by hiring legal counsel of your own. An attorney in Aurora will be able to review your situation and advise you of the best options to resolve the problem. If your attorney finds you have a bad faith claim, he or she will attempt to rectify the situation by negotiating with the insurance company. If that does not produce results, a full lawsuit may be necessary to seek justice.