Insurance policies exist to help pay for damages in the event that an insured causes an accident and damages another person through their negligence. Many consumers purchase underinsured motorist coverage (“UIM”) with their own polices in the event that they are injured by someone who is operating a vehicle without sufficient insurance coverage to compensate them for their injuries. However, an insurance company will often look to find some mitigating cause to limit their exposure and pay out less if possible.
I recently experience a situation where a client looked to their own UIM coverage because their medical expenses exceeded the amount of coverage available from the defendant’s insurance policy. This seemed like the perfect opportunity to receive benefits from the insurance policy that my client paid for. However, when her insurance company refused to make her coverage available despite clear liability and damages, I needed to threaten a bad faith claim in order to get my client the insurance coverage she had purchased.
The fact is, that when reviewing claims and negotiating a settlement, the insurance company must act in good faith. If they fail to do so, and you can make out a bad faith claim against them, you may be entitled to an award of treble damages (three times the amount that you would ordinarily be entitled to) as well as your legal fees and costs to be paid for by the insurance company.
If you’ve been injured and think that the insurance company you are negotiating with is acting in bad faith, please contact us to review your case and help you to assert your legal rights and make sure you receive the money you are entitled to.
Dennis J. DiSabato, Jr.
The Law Office of Dennis J. DiSabato, Jr., LLC
3888 Renee Drive, Suite 201
Myrtle Beach, SC 29579