Los Angeles Insurance Bad Faith Lawyer
Los Angeles Insurance Bad Faith lawyer Cyrus Shahriari wants you to know that in California if your insurance company unreasonably fails to fully and fairly pay your claim in a timely manner, you may have a bad faith insurance claim against it. Every insurance policy includes, under the law, an Implied Covenant of Good Faith and Fair Dealing. If the insurance company doesn’t meet its obligations, it is a breach of the implied covenant (contractual promise).
Examples of insurance bad faith include (but are not limited to):
- Unreasonable denial of a claim.
- Underpaying a claim.
- Unreasonably refusing to defend you if you are sued and if you have liability coverage.
- Unreasonable denial of a claim.
- Refusing to authorize medical care that is necessary and appropriate.
Fighting Insurance Bad Faith
If your insurance company is not meeting its contractual obligations or employing deceptive tactics, there are a few things you can do:
- Send the insurance company a letter and layout your case. Tell them you want your claim honored fully, fairly, and in a timely manner. Make sure to keep a copy of the letter.
- Let your insurance agent or broker know about the problem and see if they can help.
- Contact the California Department of Insurance and file a complaint against the company.
- Contact Los Angeles insurance bad faith lawyer Cyrus Shahriari and learn about your legal options.
California Department of Insurance Complaints
The California Dept. of Insurance provides minimum standards insurance companies in California must follow. These are mandated by law and the California Fair Claims Settlement Practices Regulations.
Most, if not all, attorneys, who represent insurance companies, consider violations of practices found within these regulations to be evidence of bad faith. Naturally, insurance company attorneys don’t see it that way.
The bad news is that even if the California Dept. of Insurance finds for you, it has no power to force the insurance company to pay your claim or to pay all your damages. It can attempt to convince the company to do the right thing, but that’s all
The truth is, whether you are an individual or a business, if you need to go up against your insurance company and its army of lawyers, you need an experienced Los Angeles insurance bad faith lawyer.
Possible Damages Awarded in Insurance Bad Faith Claims
Depending on your specific situation, you may be eligible for compensation for contract damages, bad faith damages, and/or punitive damages.
Contract damages is the losses you suffered because the insurance company refused to pay what it owes, per the policy, on your claim. If there is a significant delay in the insurance company’s payment, you also might be due interest.
Bad faith damages arise when an insurance company unreasonably handled your claim. You might be eligible for damages for:
- Emotional distress
- Attorneys’ fees
- Any losses you suffered because of the insurance company’s bad faith, including, but not limited to:
- Lost earnings
- Medical expenses due to stress
- Lost opportunities
- Loss of use of your property
For punitive damages your insurance bad faith attorney must prove:
- That the insurance company acted with malice, oppression, or fraud as defined by California law.
- That the malice, oppression, or fraud was approved by insurance company management.
Areas of Insurance Bad Faith
Los Angeles insurance bad faith lawyer Cyrus Shahriari handles bad faith cases in:
- Homeowner Claims
- Uninsured – Underinsured Motorist Claims
- Liability Claims
- Medical Insurance Claims
- Business Claims
- Commercial Claims
- Car Insurance Claims
- Disability Insurance Claims
- Cargo Claims
Contact an Insurance Bad Faith Attorney
At The Shahriari Law Firm we typically take insurance bad faith cases on a contingency basis. This means you pay no attorney fees until your case is resolved.
To know if you have a case and what your legal options are, contact insurance bad faith attorney Cyrus Shahriari for a free, confidential, no-obligation consultation