Bad Faith Damages a Possible Result for Failure to Pay Policy Limits

By jmaroney on December 31, 2008

Many times the insurance coverage on the car that was at-fault is inadequate to even pay your medical bills. If the insurance company does not offer their policy limits on a timely basis, they may be in what we call, “bad faith.” The law of bad faith can be confusing. Courts and the parties appearing before the courts struggle in understanding the detail of bad faith and how it applies in a particular case. We have had many experiences with motorcycle cases where the driver of the car at-fault has insurance but the policy limits are not offered. Frequently the insurance companies claim that the driver of the motorcycle was partially or completely at-fault. We have had success in obtaining the policy limits plus what we call, “bad faith damages” from the insurance company for the at-fault party for failing to pay the policy limits because they questioned whether their driver was at-fault when the driver was enough at-fault that the policy limits should have been offered.

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