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Can I sue my insurance company for mishandling my claim? P.2

In our last post, we began speaking about bad faith insurance litigation as a potential avenue of recovery for those who have been blown off or short-changed by their insurance company after an auto accident. As we noted last time, a bad faith insurance claim can be brought under either common law or West Virginia’s Unfair Trade Practices Act.

How exactly does one recognize when an insurance company is acting in bad faith, though? Will it be obvious, or it is difficult to recognize? This is an important question, because without knowing how bad faith can look, some policyholders might overlook the possibility and fail to obtain the coverage and relief to which they are entitled. 

The specific requirements for a finding of bad faith are more than we can go into here, but it is important for people to realize that there are some general things they can look out for as being warnings signs that the insurance company may be acting in bad faith. A number of possibilities are listed here. The most generic of these is when there is a denial, discount or delay of payment on a claim without the insurance company providing a reasonable basis for doing so. In some cases, the insurance company puts up unreasonable barriers for the policyholder rather than denying or delaying the claim outright.

Whatever the circumstances of the case, establishing a bad faith claim requires more than a suspicion that the insurer isn’t treating the insured fairly. The specific requirements for establishing a claim differ depending on whether the claim is under statute or common law, and it is important to always work with an experienced attorney to ensure one’s rights are protected.

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