Our Jacksonville Car Accident Attorney Discusses Negotiating With a Bad Faith Insurance Carrier

Your Jacksonville car accident attorney at Canan Law understands that all automobile insurance carriers are not equal, even though it may appear that way when a potential customer is deciding on an insurance provider. The same is true when an injured motorist is attempting to file a claim with a car insurance company that regularly uses borderline bad faith tactics when handling a personal injury or accident claim. The truth is that many insurance companies will attempt to postpone a claim settlement for a variety of reasons. Sometimes the insurance adjuster is overwhelmed with cases. Sometimes they are merely forcing the claimant to take a case to court before acting. Actually, many times the difference in the expediency of a claim settlement is based on the size of the responsible insurance company and the conservative payout approach employed in standard negotiations. Regardless of insurance company size or negotiation policy, it is always a good decision to retain an experienced St. Augustine car accident attorney like the legal professionals at Canan Law.

Bad Faith Procrastination

Purposely procrastinating a car accident claim is a typical tactic used by many insurance carriers. While some insurance companies prefer to mediate an injury or accident claim, others will force all claimants to retain an attorney and file the case in court. The responsible insurance company has very little incentive for settling a case early unless a claimant is attempting to settle the case themselves without representation and have no idea of their damage recovery possibilities. The only responsibility the insurance carrier claims adjuster has is in protecting the company by reducing an obviously covered claim or protecting the actual negligent driver and client. Otherwise, the adjuster will wait for the claimant out either in an effort to get them to cease the claim or force their legal counsel to establish the potential for a separate bad-faith lawsuit. Your reputable Jacksonville car accident attorney will recognize when the insurance provider is stalling for some unacceptable reason.

Bad Faith Lawsuits and Punitive Damage Awards

Most car accident cases only include compensatory damages for personal injury and physical property damage. This is why good faith insurance companies would just as soon settle a case when possible. Cases involving long-term injury and ongoing medical coverage can still be problematic and aggressively defended. Also, claims for pain and suffering are considered non-economic compensatory damages, and claims that fit within the limits of the negligent driver’s coverage policy are often sufficient damage awards. But, when this cannot be negotiated, your St. Augustine car accident attorney can begin the process of a potential bad faith lawsuit or taking the accident to trial in hopes of a punitive damage award. All insurance companies want to avoid punitive damage awards from a sympathetic jury, and this can be a very effective leverage tool for your attorney when settling the case.

Contact a Jacksonville Car Accident Attorney

Anyone in Florida who is dealing with a procrastinating insurance carrier should contact Canan Law at (904) 849-2266 for a free and full evaluation of your accident claim.


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