Long Nguyen | author
ICHQ | Site Author
Your insurance company has a contractual good faith obligation to investigate and pay your legitimate claims. How can you tell if they aren’t, and what should you do?
Insurance Company Is Not Properly Investigating
Remember, even though your insurance company is supposed to pay you money, what they want to do is pay you as little as possible. The more they pay you, the less profit they make. So, if the adjuster or investigator doesn’t quite seem to know what they’re doing, or if you keep getting requests for more and more documents that are less and less relevant to your claim, it’s possible that your insurance company is investigating in bad faith – or not investigating at all.
How Can I Be Sure There’s Not a Full Investigation
The investigator should do all of the following in investigating your case. If these didn’t happen, you should be concerned.
- Document and information requests
- Discussing the claim with you.
- Asking to speak with witnesses or others who can provide relevant information
If your adjuster isn’t doing these, you may not be receiving a full and fair investigation.
What Do I Do If There’s No Investigation
First, if things are dragging or going nowhere, contact the company’s dispute resolution department. Make sure that they know you are challenging the delay and you want a written response. List all your contacts with the company so far. Remind them that you have provided everything that they have requested. You can also hire your own public adjuster and have the adjuster investigate your case. Those findings will be helpful at trial should your case go that far.
Contact a Bad Faith Insurance Claim Lawyer Today
Finally, contact bad faith insurance claim counsel to assist you in working with the insurance company. Insurance companies want to pay as little as possible on any claim. They and their lawyers don’t work for you. So, if you suspect bad faith conduct, it’s important to involve experienced and knowledgeable counsel as early in the process as possible. Get a free initial consultation to find out how best to proceed toward a settlement with your insurer.
1. Am I protected against a failure to investigate my claim?
Yes. Louisiana has two statutes that allow you to proceed against your insurance company for acting in bad faith toward you. Under those, you can recover your claim and additional damages.
2. Can I take action other than suing for bad faith conduct?
Yes, you can report alleged misconduct to the Louisiana Department of Insurance.
3. Why can’t an insurance company mistreat me?
Every insurance policy is a contract, and, under contract law, the parties have a duty to act in good faith toward one another.