Insurance companies will accept your premium payments with a smile, but when it comes time for them to actually handle a claim on your behalf, that smile quickly disappears. Their communication with you drops off, long delays become the norm, and you feel like you are being given the run-around.
When it gets to a certain point, you start to wonder if there is anything you can do to require the insurance company to treat you fairly. Fortunately, the answer may be yes. When insurers fail to act in good faith and handle your claim fairly, you might be able to pursue what’s known as a bad faith insurance claim.
Bad faith comes in different forms, many of which we wrote about in this earlier post. However, what does the State of Texas law allow you to recover?
What Financial Recovery Might Be Available Through a Bad Faith Claim?
If you and your attorney can prove that the insurance company has acted in bad faith, Texas law allows you to recover:
- As much as three times what you would have received had the insurance company paid the claim in good faith
- Attorney’s fees
- Court costs such as filing fees, copies, etc.
- Compensation for pain and suffering, in certain cases
- Punitive damages, in particularly egregious situations
What Should You Do if You Think Your Insurer is Acting in Bad Faith?
Please keep in mind that bad faith insurance claims are very fact-specific, and every case is different. And while we’ve just talked about what you could be entitled to at the end of a successful case, you should be thinking about the beginning of the case as well.
If you suspect bad faith by your insurance company, one of the first things to do is gather up records. Collect copies of every letter or document that you sent to the insurer, and every item they send to you. Good documentation will help you and your attorney greatly.
Reach Out to an Experienced Insurance Attorney
When you suspect bad faith, don’t hesitate to reach out to an experienced Dallas-Fort Worth insurance lawyer. Consulting with an attorney is the best way for you to understand what exactly is happening and what can be done to fix it. For answers to your questions, send us a message.