Fighting Back Against Bad Faith Insurance Tactics
When you sign up and pay for an insurance policy, you reasonably expect that your insurance will provide the help and compensation you need after an accident or property damage. However, when your insurer fails to investigate and pay out your claim in good faith, you have legal options.
At Zar Law Firm, our bad faith insurance claim attorneys have over 30 years of combined experience representing clients throughout the Houston area. As experienced litigators, we know how to build a strong case on your behalf to help you obtain the compensation you need.
You Can Trust Us To Advocate For Your Interests
After a house fire, flood, natural disaster or accident, your financial future may depend on your insurance company following through and paying you the compensation you need. Insurance companies owe a duty to their clients to follow the terms of their policies and Texas state insurance laws. Under state law, insurance companies must investigate claims to determine validity and pay the compensation owed. When an insurer fails this duty, you can file a bad faith insurance claim.
A bad faith insurance claim can go beyond underpaying you for your claim, bad faith tactics may include:
- Delaying a claim with no justification
- Failing to respond to communications
- Denying a claim without an investigation
- Failing to handle your claim in a reasonable time frame or using procedural delays
- Refusing to participate in good faith negotiations
When insurers use bad faith tactics, their goal is to outright deny your claim, wait until it is too late for you to recover, have you drop your claim or pressure you into accepting a lower settlement. If you feel your insurer is acting in bad faith, our attorneys at Zar Law Firm will thoroughly examine your claim to help you determine your next steps. If you have a valid claim, we will help you file a lawsuit and we will negotiate or litigate your case against your insurer.
Frequently Asked Questions About Bad Faith Insurance Claims
You rely on your insurance company to be there when you need them the most – and it can be devastating when the insurer plays games. Here are some of the questions we hear most often:
What compensation is available if I win a bad faith insurance claim?
If you successfully show that your insurer acted in bad faith, Texas law says:
- You can claim the amount of your actual damages, including your court costs and attorney’s fees.
- The insurer may be compelled to uphold their obligations to you as directed by the court.
- The court can order any other action or relief that it considers proper under the circumstances.
At the discretion of the court, you may receive up to three times your actual damages.
How can I prove bad faith on my insurance company’s part?
In general, you first have to identify the signs that an insurer is acting in bad faith. These include:
- Misrepresentation of the language and coverage in your insurance policy
- Failures to investigate a claim promptly and completely
- Misrepresentation of the facts of your claim and refusal to settle even when the liability is obvious
- Claims that are denied or delayed without a valid explanation or offers that are significantly below the value of your losses
The key to proving your insurer’s bad faith is to document everything. Keep a record of all your communications with the insurance company, including letters and emails. If you speak with an agent on the phone, write down the name of the agent, the time of your conversation and as many details as you remember. Keep photos and videos of the damage, estimates for repairs and contractor’s statements.
Is there a time limit to sue over a bad faith insurance claim in Texas?
Texas imposes a statutory time limit of two years on bad faith insurance lawsuits. The clock starts ticking from the first bad faith action, so it is wisest to speak with an experienced attorney as soon as you suspect a problem so that you do not miss this deadline.
Let’s Get Started On Your Bad Faith Insurance Claim
Filing a bad faith insurance claim can help you recover the compensation you deserve and additional damages for attorney fees, financial losses, emotional distress and out-of-pocket expenses. You can trust us to fight tirelessly for you. To schedule a free consultation at our Houston law office, call us at 713-333-5533; or complete an online contact form to get in touch with us.
