Bad things happen sometimes; that’s why you have insurance in the first place. Collecting compensation after an accident should not be difficult, but many see their insurance companies ignore their circumstances or mislead them into accepting less than they are due.
Insurance companies have a responsibility to “act in good faith” when it comes to responding promptly to your claims, and acting in “bad faith” can mean that you could file a lawsuit.
We’ve written an extensive article on how to determine if you insurance provider is acting in bad faith. If you feel that you have grounds for an insurance bad faith lawsuit, here are a couple of steps for how to proceed.
1. Collect documentation
If you believe your insurance company is acting misleadingly, it’s important to keep written documentation from every aspect of your claim. This means medical records, accident reports, and any correspondence you’ve had with your insurance company about the incident.
Try to avoid talking on the phone with your insurance company. Instead, ask for any correspondence to be in writing for the sake of keeping records.
2. Contact an experienced attorney
An attorney that is familiar with insurance bad faith lawsuits can be a great ally. They can help you determine how much you should be owed for your accident and whether or not your insurance company is actually acting in bad faith. If you do decide to file a lawsuit, an experienced attorney will be able to represent you to the full extent of the law.
Karen Brady says
Hi, I need advice on an insurance claim. Our clain has been ongoing since March this year. Our calls and emails are now and have been ignored. Our roof is worse, we have indoor damage, dampness and possible mold. Should we get a lawyer?
Nancy Rapp says
Hello Karen. Yes, I would encourage you to contact an attorney. Sometimes, an attorney letter is all it takes to get the insurance company to respond. If not, your attorney will help you get the legal claim started. I encourage you to use our directory to find an attorney near you.
Nathan Hardee says
I had a car accident on 1/8/2019 in which i hit a pole and totaled my truck. I have yet to finalize the claim. First it was the mail carrier lost the total loss paperwork i sent, then it was lack of correspondence. Its been 45 work days(not including calendar days) and i dont know what to do. They just drag on. They say they are waiting for paper work… what paperwork??? I resent the total loss paperwork two weeks ago! Directly to the auto yard holdinh my truck! They said all they need is a letter of guarantee. Well get to work! I have filed with the insurance comission. Need to get this settled. Im tired of riding the bus… am i right for being concerned? Today is the 2nd of march
Ian Pisarcik says
Nathan,
Dealing with the insurance companies can be tricky. I would ask the insurance company to provide you a list of what they need in WRITING. If you believe you have given the insurance company all the information they’ve asked for, I would consider contacting an attorney. Usually, all it takes is 1 letter or phone call from an attorney to get the insurance company moving.
Pam says
We had a break in 8 months ago!!! Insurance company is giving us the run around. We have given them everything and more. I have meet with them twice. The claim is so bad that my husband works out of town and wasn’t able to feel safe when he was out of town that I rented another place. While this happened my house burnt down and we have lost everything.
Nobody will give me answers and they keep saying broker was avoiding them. Then they were away on personal leave. Every week it’s something else. Meanwhile my family had lost everything.
Ian Pisarcik says
Pam,
It may be time to reach out to an attorney in your area. The attorney will be able to get the insurance company moving and also make certain you are reimbursed properly. For a list of attorneys, take a look at our online directory. If you can’t afford an attorney, your local state bar association can provide a list of attorneys who do pro bono work.
Pam says
Im just lost on what to do. We are trying to close this chapter and move on but it’s kind of hard when you’ve lost everything do to a break in and the a fire and nobody will even have a little compassion.
This is a nightmare. But I am fed up with being ignored by them.
Carlos A says
How should I proceed with an insurance company that has taken 2 months to process my application for enrollment and when I contact a representative I get the proverbial “our company is looking into your application and will get back with you soon”?
Ian Pisarcik says
Carlos, if you have not enrolled with the insurance company and you’re not happy with their service, I would consider contacting other insurance companies to see if they provide a better service.
Carlos A says
@Ian Pisarcik- Thank you.
Archie says
Hi, i was involved in a road traffic accident on 13 feb which i am at fault. I did not manage to get the claimer’s particulars or number as she drove away after i request to move to the roadside. I did a report to my insurance company within that day. On 19 june i received a letter from my insurance company stating that i am to privately settle this case as i failed to attend an interview they requested. I was given only 2 reminder letters on 14 and 24 may which i was not aware of. I need advices on how to re-open the case as i paid for my insurance but to what purpose then?
Ian Pisarcik says
Archie,
I would recommend contacting an attorney in your area to help you deal with the insurance company. In the meantime, take a look at our articles on bad faith insurance claims.
Erica says
I have been able to reach my insurance company by phone it’s always busy. I have sent maybe 9 emails to them about paying a medical bills and they never respond. I don’t know what I should do. I’m mostly likely goingvto fet bad credit and ve put on a 10 year waiting list of shame. It’s a national list you get put on for not following through with payment. This means it will make it hard for me to rent, get a house and own other forms of property. Basically they’re destroying my life by ignoring me. On top of all that I’m in a terrible environment where I don’t feel safe and I need to be able to move, which is going to be even more unlikely if get put on that list.
Ian Pisarcik says
Erica,
Insurance companies are notoriously slow. I would recommend reaching out to an attorney in your area. Often, hearing from an attorney is the best way to get an insurance company to become more responsive.
Sherry Bucek says
I filed a claim with my health insurance because the doctor i see doesn’t accept health insurance and my insurance company does pay back a portion of what I paid to the doctor through member reimbursement. They pay back only a year and I have been going back and forth with the insurance co. now for over a year. The papers were lost, then the fax wasn’t received and then they needed certain codes and now I can’t get a call back and every time I call and speak to a different rep that has no idea about my claim says they can’t even find it in the system. I have no idea what to do or where to turn from here, I keep calling for updates and keep getting no where. I have another claim that I am about to submit for this past year and not sure if I should even bother. Please help me!!
Ian Pisarcik says
Sherry,
I’m sorry this is happening to you. Insurance companies owe certain duties to their insureds. When they fail to meet those duties, you can sue them for bad faith. Learn more here. It may be time to reach out to an attorney to discuss your options. Most attorneys will provide an initial consultation for free. At the initial consultation, the attorney will be able to tell you whether you have a valid claim.
Luna says
Hi
If my adjuster is mean can I speaker to a new adjuster?
Ian Pisarcik says
Thanks for the question.
Insurance adjusters are assigned by the insurance company based on factors like experience and case load. Though you can ask to work with a different adjuster, the insurance company has no obligation to switch adjusters.
It’s always best to remain calm and professional when working with an insurance adjuster. If you’re having trouble getting on the same page as your adjuster, you might consider hiring an attorney to help you negotiate your claim. Keep in mind that insurance adjusters owe claimants certain duties. If these duties are breached, claimants can file a bad faith lawsuit. You can read more about these duties and bad faith lawsuits here.
John says
My home was burglarized while I was out of town, a huge mess left behind which brought a citation from the city, who forwarded the citation to my landlord who evicted me. I not only lost everything, but also found myself homeless. The police couldnt care less, and my renters insurance company has made the process deliberately difficult knowing that I’m doing this while living in my car during a pandemic. Attempts at finding an attorney have left me with many promises for return calls…. which they never do. Every single person along the way has losses me away and not kept their word, and there’s aparently nothing I can do about it. Until now the only real option available seems to be suicide. I worked all my life to build something that was so quickly taken away, and all the steps I took to avoid this seem to have been for nothing. Is there not a single lawyer in south Alabama who takes bad faith claims of this sort?
Ian Pisarcik says
John,
I’m so sorry this is happening to you. Please hang in there, as things will get better.
Lawyers, especially during the pandemic, are busy and sometimes working without their usual support staff. As a result, sometimes phone calls don’t get returned. Keep trying.
In addition, there are several places in southern Alabama that can help you with your legal issue for free or at a reduced-cost. For example, the South Alabama Volunteer Lawyers Program. You can also contact the Alabama State Bar referral service. The state bar can put you in touch with an attorney and even help you contact the attorneys that haven’t returned your call.
Lastly, please consider reaching out to a suicide support group. Help is available.
Best of luck to you.
Ashley says
I was wondering my adjuster haven’t contacted me should I contact my adjuster? It’s been 3 weeks already? She’s also not giving me offer to settle the claim is that okay?
Melissa Gold says
Hello, Ashley: It’s definitely fine to contact your adjuster if you think you should have heard something by now. One of the insurance company’s obligations is to respond to your communications in a timely manner. It’s possible that the insurance company is still investigating the claim or calculating a settlement, but it should be communicating with you throughout. If you think your insurance company is acting in bad faith (or if you think you need additional help), you can call a lawyer who can assist you in working with the insurance company. The Enjuris law firm directory is a great source for finding a lawyer near you.
Kim says
I haven’t been able to work because I had a car accident. Would the other insurance pay for days I haven’t been able to work?
Ian Pisarcik says
Some car insurance policies pay for lost wages, it depends on the language of the specific policy. If the policy does NOT pay for lost wages, you can sue the at-fault driver for lost wages.
Brenda Edwards says
I have been paying into a life insurance and burial policy for several years. I tried to call my agent about a simple question and cannot get a hold of him or anyone in the office. Days and weeks have gone by and I wonder what would be happening now if I had died. I bought this insurance so that my daughter would not have a lot of stress when it happens. Now I am concerned about what would have happened. If she needed the services I paid for and could not get a hold of anybody what was she supposed to do put me in the refrigerator until they come back to work? If they are not in the office shouldn’t there at least be a way to contact somebody over the phone?
Melissa Gold says
Hello, Brenda. I’m sorry you’re feeling ignored. Most people are working at home right now because of COVID-19 restrictions. I’m not sure if you began trying to contact your agent before shutdowns began or after. However, a business should have some type of message on its voice mail or website letting customers know when or how they can be reached. You don’t necessarily need to go through your agent in order to get information about your policy, though. If it’s through a large insurance company, you can probably contact the company directly through its website or by phone.
If you can’t find a way to contact the insurance company directly, you can call the state agency that regulates insurance where you live and they might be able to direct you to some contact information for the insurer.