While insurance is your main source of compensation after a car accident in New York, it is not uncommon for them to delay, undervalue, and deny your insurance claims. Sometimes, these are done without any proper explanation, leaving victims struggling with mounting financial and emotional stress that prevents them from making a quick and full recovery. When insurance companies cross the line, New York’s bad faith laws help you and your accident lawyer in New York fight back and hold them accountable. Let’s find out more about these bad faith laws and how they can help protect your ability to claim compensation.
What are Bad Faith Laws?
When dealing with insurance companies, there is an expectation that they will conduct all their activities with a level of truth and honesty that go beyond typical honest dealings. This high standard of care imposed on insurance companies is known as Uberrima fides, translated to ‘utmost good faith.’
When the conduct of an insurance company falls below this standard, it can be argued that they are acting in bad faith. That being the case, bad faith laws are the set of laws that are designed to hold insurance companies accountable when in the event they have acted unfairly or dishonestly when handling insurance claims.
In New York, there is no specific statute on bad faith. However, the concepts and protections against bad faith have been well entrenched through case law and legal principles.
What are signs of bad faith?
Bad faith practices can cause significant financial and psychological strain on accident victims. They engage in these practices to weaken your resolve and put you in a position where you have no choice but to accept what they are offering. Here are some of the most common examples of bad faith practices by insurance companies.
- Denying coverage for no apparent or justifiable reason
- Offering a lesser amount as compared to what the claim is actually worth
- Delaying, Denying or contesting decisions on the claim
- The misrepresentation of the terms of the policy
- Excessive documentation requests
- Failing to respond to inquiries and provide updates on the progress of the claim.
- Engaging in intimidation tactics
How can you hold insurance companies accountable for bad faith in New York?
In New York, you have the power to fight back against bad faith practices and hold insurance companies accountable. With the help of your auto accident attorney in Queens, you can:
- File an official complaint with the New York Department of Financial Services (DFS) or
- File a lawsuit against the insurance company
What do you need to prove a bad faith case in New York?
While proving a bad faith case can be challenging, it is not impossible. Here’s what you need to do when you find yourself at the receiving end of bad-faith insurance practices.
- Document everything—Keep detailed and orderly records of all your communications with the insurance company. These will be key pieces of evidence in your case.
- Gather evidence – Collect the evidence you need to prove the damages you have suffered in the accident. These include medical records, police reports, CCTV footage, etc.
- Hire the right legal representation—You will need the help of an experienced lawyer or personal injury law firm in NYC to handle your case.
- Be persistent—The main purpose of bad faith practices is to wear you down. Do not give in to their tactics, and remain proactive about your case.
Conclusion
There will be cases where insurance companies will try to get you to settle for less than what you deserve. Don’t be intimidated or fall victim to their bad faith tactics. With the right legal presentation by your side, you will have a fighting chance against these undue pressures and secure the compensation you deserve. If you are looking for an experienced Queens car accident lawyer to help you in your endeavors, Gabriel Law is ready to help. Contact us today and get yourself a free and confidential consultation. Overcome all obstacles and get the compensation you deserve with Gabriel Law.
