Filing an insurance claim can be a time-consuming and complicated process. Although you may think you have all your documents and information in order, you can get blindsided by a denial. Where should you turn for help and the compensation you need after an accident?
Unfortunately, some Florida policyholders or accident victims are vulnerable to the insurance companies’ aggressive, bad faith tactics that prioritize profits over people. At Zervos & Calta, PLLC, we aim to protect policyholders and help them fight bad faith insurance claims.
The first step is understanding what bad faith insurance means and learning how to protect yourself from this unfair practice.
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What Is Bad Faith Insurance?
Bad faith insurance refers to an intentionally dishonest or unfair action the insurance company takes that does not meet their legal or contractual obligations. It means an insurer did not act in the best interests of the policyholder or person filing the claim.
Insurance companies do not have to approve every claim that comes across their desk. However, they have the responsibility to review the merits of each claim and make responsible decisions to handle and process it according to Florida law and their contractual responsibilities. When they do not settle a claim even when they could if they had acted honestly, it is considered bad faith. In these cases, the policyholder or injury victim may pursue a bad faith claim against the insurer.
What Warrants Bad Faith Insurance in Florida?
Pinning down what warrants bad faith behavior in Florida can be challenging. Bad faith claims tend to involve an insurance company denying a claim without trying to settle fairly and promptly. A variety of behaviors may fall under the umbrella of bad faith acts. Elements that may point to bad faith on the part of an insurer can include:
- Misrepresenting facts
- Wrongfully delaying payment of a claim
- Failing to notify a policyholder that additional information is needed to process a claim
- Failing to communicate crucial information with the policyholder
- Failing to investigate promptly
- Refusing to pay on a claim even when coverage is included in the policy
- Denying a valid claim without a proper investigation
- Denying a valid claim without providing a reason
If you think an insurance denial stems from bad faith practices by the insurance company, you need to consult with an attorney. A Florida bad faith insurance lawyer can help you understand your legal options for pursuing the compensation you deserve.
How Do You Prove Bad Faith?
Proving that an insurer acted in bad faith is not always straightforward. To file a bad faith insurance lawsuit, you and your attorney must present evidence proving that the insurance company violated the terms of your contract or Florida law. You need to show that they could – and should – have approved your claim if they had evaluated it honestly, fairly, and promptly. Typically, this involves showing that another reasonable insurance provider would not have acted similarly under the same circumstances. You also need to establish that you suffered harm or losses due to the bad faith act.
Finding proof of wrongdoing can be difficult. An insurance company will not hand over documents showing they mishandled your claim just because you asked politely. Sometimes, it takes aggressive legal intervention to uncover the evidence it takes to prove bad faith.
An experienced Florida bad faith insurance attorney can help you get to the bottom of the situation and build a compelling case that shows the insurance company’s unfair and dishonest practices.
How Do You File a Bad Faith Claim in Florida?
Step one is to talk to an experienced Florida bad faith insurance attorney as soon as possible. Florida law stipulates that those who suspect bad faith in insurance must submit a written notice to the insurance company. The insurer then has 60 days to respond, correct the issue, or pay damages to the policyholder. After 60 days, you and your attorney can file a bad faith insurance lawsuit against the insurance company.
Insurance companies may use tactics to fight the claim or blame you for the denial or filing issues. Working with a skilled bad faith insurance claims attorney is the best way to protect your legal rights. They can investigate your issue, collect evidence, and file a claim and subsequent lawsuit. An effective and responsive attorney can take the stress of trying to manage your claim off your shoulders.
What Types of Damages Can You Recover in a Bad Faith Case?
The damages you can seek in a bad faith case depend on several factors, including the type of claim and the financial losses you’ve suffered. A policyholder or third-party claimant may attempt to recover:
- The value of the initial claim
- Court costs and other losses resulting from the insurer’s bad faith actions
- Emotional distress
A Florida bad faith insurance lawyer can review your claim and calculate the compensation you can pursue.
Contact a Florida Bad Faith Insurance Lawyer
Do you suspect the insurance company denied your claim due to bad faith? Don’t delay. Talk to a knowledgeable Florida bad faith insurance attorney now and learn more about your options for pursuing compensation. The team at Zervos & Calta, PLLC is here to help you. We have built a solid reputation for going head-to-head with insurance companies and fighting for the clients we represent.
Contact our office today for a free case review.
Visit Our Florida Bad Faith Insurance Law Offices
About the Author
Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.
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