Insurance companies make their huge profits by paying out as little as
they possibly can and they typically employ hundreds of in-house lawyers
whose sole function is to make sure they pay out as little as possible. If you have been injured in a California Motorcycle Accident there is very little chance you can stand up to an insurance company without an experienced Experienced California Motorcycle Accident Attorney.
Receiving your fair settlement from a reputable insurance company can
be difficult without proper legal counsel from an Experienced California Motorcycle Accident Attorney, but dealing with an insurance
company that is acting in Bad Faith could become your worst nightmare.
Here are some examples of situations that could result in Bad Faith from
your insurance company:
- Misrepresenting pertinent facts or insurance policy
provisions relating to coverages at issue;
- Failing to acknowledge and act with reasonable promptness
upon communications with respect to claims arising under insurance policies;
- Failing to adopt and implement reasonable standards
for the prompt investigation of claims arising under insurance policies;
- Refusing to pay claims without conducting a reasonable
investigation based upon all available information;
- Failing to affirm or deny coverage of claims within
a reasonable time after proof of loss statements have been completed;
- Not attempting in good faith to effectuate prompt,
fair and equitable settlements of claims in which liability has become
reasonably clear;
- Compelling insureds to institute litigation to recover
amounts due under an insurance policy by offering substantially less than
the amounts ultimately recovered in actions brought by such insureds;
- Attempting to settle a claim for less than the amount
to which a reasonable man would have believed he was entitled by reference
to written or printed advertising material accompanying or made part of
an application;
- Attempting to settle claims on the basis of an application
which was altered without notice to, or knowledge or consent of the insured;
- Making claims payments to insureds or beneficiaries
not accompanied by statements setting forth the coverage under which the
payments are being made;
- Making known to insureds or claimants a policy of
appealing from arbitration awards in favor of insureds or claimants for
the purpose of compelling them to accept settlements or compromises less
than the amount awarded in arbitration;
- Delaying the investigation or payment of claims by
requiring an insured, claimant, or the physician of either to submit a
preliminary claim report and then requiring the subsequent submission
of formal proof of loss forms, both of which submissions contain substantially
the same information;
- Failing to promptly settle claims, where liability
has become reasonably clear, under one portion of the insurance policy
coverage in order to influence settlements under other portions of the
insurance policy coverage;
- Failing to promptly provide a reasonable explanation
of the basis in the insurance policy in relation to the facts or applicable
law for denial of a claim or for the offer of a compromise settlement;
- Using as a basis for cash settlement with a first
party automobile insurance claimant an amount which is less than the amount
which the insurer would pay if repairs were made unless such amount is
agreed to by the insured or provided for by the insurance policy.
It is not recommended that you file an insurance claim without first getting
the advice of an Experienced California Motorcycle Accident Attorney. Most personal injury attorneys
will not charge you for their time unless you are awarded compensation
for your losses. Even if you decide to do it alone, consult with an Experienced California Motorcycle Accident Attorney before proceeding.
If you have hired an attorney, you do not need to discuss your claim directly
with your insurance company. Refer everything to your attorney and NEVER
discuss your accident with the defendant's insurance company. If you are approved by the defendants layers you need an experienced Experienced California Motorcycle Accident Attorney to provide you with good counsel.
Here are some helpful suggestions when dealing with insurance companies:
- Read and re-read your policy.
- Report the accident to your insurance company immediately
and get a claim number.
- If you don't have an attorney, cooperate by answering
the questions YOUR insurance company asks directly but never volunteer
a "theory" or "opinion" of the circumstances contributing to the accident.
- Insist on seeing a doctor of your choice, not the
insurance company's doctor.
- Insist that a mechanic of your choice view the damaged
bike in addition to their adjusters. If their adjusters write off your
bike as a basket case, ask them for the bike back. They can sometimes
salvage the bike parts for more than they offer you as a settlement!
Some insurance policies include a specific time period (or "statute of
limitation") within which you must file a lawsuit against them for bad
faith. Make sure you know what the statute says. If you think you are
dealing with a bad faith insurance company, make sure you report it as
soon as possible by contacting the California Department of Insurance
at 1-(800) 927-HELP or check out
http://www.insurance.ca.gov/
Always educate yourself by checking out insurance companies before you
purchase your policy. Remember, a protected biker is an educated biker.
HOLDING WRONGDOERS ACCOUNTABLE FOR THE DAMAGES THEY CAUSE SINCE 1978
BISNAR | CHASE 2006-2010 - Super Lawyers is a listing of outstanding lawyers from more than 60 practice areas who have attained a high degree of peer recognition and professional achievement. BISNAR | CHASE has received this award for three consecutive years.
