Oakland Insurance Bad Faith Lawyer
Experienced Bad Faith Insurance Attorney Representing Oakland, CA
Insurance is a fact of life. We purchase insurance on our homes, our cars, our health, potential disability, and even our pets. If there is a risk, there is no doubt some form of insurance coverage for it. And as responsible people, we pay our premiums knowing that the insurance company has our backs should something happen. Right? Unfortunately, not always. When an insurance company has acted in bad faith, you need the assistance of an Oakland insurance bad faith lawyer in your corner.
Insurance’s Responsibilities Toward Their Policyholders
Your insurance policy is a contractual agreement between the insurance company and you. As a policyholder, you exchange a monthly premium for the insurance company’s promise to abide by the terms of the policy and pay legitimate claims when something unforeseen happens.
But as profitable businesses, insurance companies are always looking to cut costs to maintain their profits. Sometimes, this leads them to do things that are considered “bad faith” under their contractual obligation. Fortunately, California has laws that protect policyholders from the insurance industry’s bad faith tactics.
What Constitutes Bad Faith?
If your insurance company has acted in bad faith, you may be able to file a bad faith lawsuit against the associated company. Bad faith can take many forms:
- Denying benefits
- Failing to provide a reason for a claim denial
- Only paying partial benefits
- Delaying a claim
- Failing to respond to a claim
- Misleading or misrepresenting facts
- Refusing to investigate or process a claim
- Offering an unfair or low settlement
- Failing to defend a third-party claim
- Refusing to settle a third-party claim
- Canceling a policy to avoid paying a claim
Not all denials or unfortunate decisions made by an insurance company will be considered bad faith. There is an established standard under California law by which bad faith is established. These require that
The policyholder can demonstrate that there were benefits due under the policy that were withheld, and
The reason for withholding these benefits was unreasonable or without proper cause.
Bad faith laws can be complicated in terms of procedure and the evidence required and they are subject to frequent modification. Consequently, it is imperative to get an experienced professional’s skilled advice when pursuing a bad faith claim. At Pillsbury & Coleman, LLP, insurance law is all we do.
When you speak with an Oakland insurance bad faith lawyer, they are up to date on all recent law changes and nuances as they pertain to bad faith laws in California.
Different Ways Our Law Firm Helps You
- Understand the terms of your policy to determine what is covered. Unfortunately, many policyholders haven’t taken the time to understand the complexity of their insurance coverage to ensure that theirs is a legitimate claim. Reviewing your policy with a professional enables you to understand your rights and obligations.
- Document all communication with your insurance company to provide records in support of your efforts toward resolution. This can include photos from the incident or accident, medical documentation, repair costs, repair estimates, purchase receipts, and any other documentation that can support your claim.
- Appeal a denial. Appealing a denial follows a set standard of procedures and can take time and effort to move through the process to get a fair review and resolution.
- Send a demand letter to the corresponding insurance company confirming that you do not accept their denial and your willingness to pursue a bad faith claim against them if they choose not to work to resolve the issue.
- File a bad faith complaint against the insurance company and pursue your legal rights to benefits under your policy.
How An Experienced Oakland Bad Faith Attorney Can Help
Policyholders deserve benefits under the terms of policies that they have diligently paid for month after month and California insurance laws provide for that. At Pillsbury & Coleman, LLP, we have dedicated our careers to representing the rights of policyholders who have been treated unfairly by the insurance company. An experienced Oakland insurance bad faith lawyer has the knowledge to hold your insurance company accountable for bad faith practices. Contact us today to see how we can help.