How To Sue an Insurance Company
Wondering how to sue an insurance company? It can often be a long, circuitous road. Insurance companies make it their business to put together large teams of attorneys to protect their bottom line and make sure that victims get paid the minimum amount.
If you believe that an insurance company has acted in bad faith with your claim, you need the attorneys at Grimes & Fertitta on your side. They are not only lawyers who sue insurance companies, but lawyers who used to work for the insurance companies!
They know all of the ways in which the insurance companies attempt to nickel and dime victims, keeping them from getting the settlements that they truly deserve — and they know just how to stop them. Call Grimes & Fertitta today at (713) 224-7644 to speak with our insurance claim lawyers and for a free case evaluation.
What is it called when an insurance company refuses to pay a claim?
Technically speaking, insurance companies don’t have to pay claims, but they do have to act in good faith. When an insurance company behaves in a way that does not consider the best interests of the insured or commits any acts of deception or unfairness, it is called acting in “bad faith.”
Unfortunately, it is the burden of the victim to prove that the insurance company has acted in bad faith, and doing that without a good Houston insurance lawyer can be tricky.
There are essentially two ways to do this. You can either show that the insurance company denied your claim despite liability being clear, or you can show that the insurance company did one of the many prohibited things outlined in Chapters 541 and 542 of the Texas Insurance Code.
These chapters of the Texas Insurance Code prohibit an insurance company from any “unfair or deceptive acts or practices,” of which there are many behaviors outlined. Some common examples of bad faith would include:
- Misrepresenting a material fact or policy provision about coverage
- Failing to promptly provide a reasonable explanation for the denial of a claim
- Excessive delays in response without explanation
- Failure to pay or deny a claim in a timely manner
- Unwarranted denial of a claim
- Failing to conduct a thorough and timely investigation
- Using tactics to discourage claims
Insurance companies acting in bad faith are not limited to the behaviors listed above and can manifest in a number of very subtle ways. If you think that the insurance company acted in bad faith on your claim, the best way to know is by discussing your situation with lawyers who sue insurance companies.
Common types of insurance claims in Texas
Insurance companies do not discriminate when it comes to the type of claims on which they will try to undercut victims. They make the process difficult, unrewarding, and slow in the hopes that you will be worn down into accepting whatever comes your way.
The most common insurance claims that the personal injury lawyers at Grimes & Fertitta see include:
- Car and truck accident claims. These claims are intended to cover any damage to your vehicle as well as the myriad expenses associated with your injuries, which the insurance companies are usually loath to pay.
- Drunk driver claims. Claims for drunk driver accidents in Houston can involve insurance companies trying to avoid responsibility because of individual negligence.
- Workplace injury claims. Whether you’re hiring an offshore accident lawyer or a lawyer for a plant explosion, you better be sure they’re prepared to deal with the insurance companies.
- Health insurance claims. Health insurance claims are incredibly common and can be incredibly contentious.
- Natural disaster claims. These kinds of claims come en masse around hurricane season, and usually entail insurance companies trying to lower the overall amount they pay out to the public.
These claims can either be first-party claims or third-party claims. First-party claims are claims made by the insurance policyholder on their own policy, whereas third-party claims are claims filed by someone other than the policyholder, usually when they need to be paid by someone else’s insurance policy.
How to sue an insurance company for bad faith in Texas
How do I fight my insurance company? Suing an insurance company in Texas only involves three real steps.
- Document all conversations that you have with your insurance agents, but especially any in which you believe they were acting in bad faith. Ask that they communicate in writing as much as possible, whether that be in email or in hard copies.
- Collect all of this documentation, and request rejection letters or any other documentation that the insurance company can provide you with.
- Find a personal injury attorney with experience suing insurance companies.
For those wondering how to sue an insurance company without a lawyer, know that it is possible, but not advisable. If the bad faith claim needs to be proved in court, or complex negotiations need to take place, civilians without representation are no match for the teams of attorneys put together by insurance companies.
We know this at Grimes & Fertitta because we used to work for insurance companies. We saw the teams of lawyers steamroll victims over and over again, which is why we left, and we decided to instead work to get the victims everything they deserve for their pain and suffering.
How to sue an insurance company: Hire lawyers who sue insurance companies.
If the insurance company changed the facts of your policy, gave you an erroneously low number, or left you calling over and over again while your expenses piled up, you might have grounds to sue the insurance company.
The best way to sue the insurance company is to hire an experienced insurance claims lawyer. An attorney who knows how to sue an insurance company will also know how to protect your rights and get you fair compensation for your claim. You deserve someone to fight for your best interests after all you’ve been through.
Whether you’re interested in suing for personal injury or suing the insurance company, the attorneys at Grimes & Fertitta are here to help. Give us a call today at (713) 224-7644 or contact us online for a free consultation.
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- How Long Does an Injury Lawsuit Take in Texas?
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