San Diego Bad Faith Insurance Attorney

Facing a dispute with your insurance company over a denied claim or unfair settlement? Hold insurance companies accountable for their actions and receive the full benefits you are entitled to with the help of a San Diego bad faith insurance lawyer. If you believe you are a victim of bad faith insurance by your insurance carrier, you may have grounds for a bad faith insurance claim in San Diego.

A bad faith insurance lawyer can assist with a range of issues including delayed or denied claims, improper investigation of a claim, or refusal to provide coverage for a valid claim. The experienced San Diego insurance bad faith attorneys at Hamparyan Law Firm are here to help. Call (619) 550-1355 to schedule a free consultation.

Overview of San Diego Bad Faith Insurance Claims

Bad faith refers to unfair practices by an insurance company that breaches the implied covenant of good faith and fair dealing in the policyholder’s insurance contract. Some examples include:

• Unreasonably denying a valid claim
• Failing to defend the policyholder against a legal claim
• Unreasonably delaying the claims process
• Not investigating a claim properly before denying it.

If an insurance company puts its own financial interests ahead of the policyholder’s interests, it may constitute bad faith. This entitles the policyholder to pursue legal action for compensation.

Proving Bad Faith by an Insurance Company

To prove an insurer has acted in bad faith, the policyholder must show:

The insurer had no reasonable basis for its conduct.

Simply denying a claim is not enough to prove bad faith insurance practices. The policyholder must show the insurer acted in a way that impaired the policyholder’s rights and was unreasonable under policy terms. This often requires getting legal experts to review the claim file.

The insurer knew it had no reasonable basis for its actions

This element focuses on the intent behind the insurer’s conduct. It must be shown that the insurance provider was aware they lacked a reasonable basis for denial or delay of a claim.

The insurer’s actions damaged the policyholder

The policyholder must have incurred some form of damage from the insurer’s bad faith conduct. This may include economic losses, emotional distress, or damage to the policyholder’s reputation. By consulting with a qualified bad faith insurance attorney, policyholders can get help gathering evidence necessary to prove these elements of a bad faith claim.

Types of Bad Faith Insurance in California

First-party and third-party claims are the two main categories of insurance claims.

First-party bad faith claims are initiated by policyholders directly against their insurance provider. As an illustration, consider a driver’s bad faith lawsuit against their insurance company for declining to settle a collision claim following a car accident.

Third-party bad faith claims are filed against an insurance company by a person who is not their policyholder. This typically occurs in liability cases, like when a motorist gets rear-ended and makes a claim with the other driver’s insurance provider.

Examples of Bad Faith Practices by Insurance Companies

Some common examples of bad faith by insurance companies include:

Wrongfully Denying Claims

Insurers may use questionable reasons to deny claims that should reasonably be covered under the policy. For example, an insurer may claim a type of damage should not be covered when in reality, it likely falls under a covered risk.

Unreasonably Delaying the Claims Process

Even if the insurer eventually approves a claim, making the policyholder wait an unnecessarily long time can constitute act of bad faith in some cases. Insurance companies may use tactics like repeatedly requesting information already provided, in order to stall and frustrate policyholders.

Not Properly Defending Against Lawsuits

Liability policies require the insurer to provide a legal defense if the policyholder is sued. Intentionally poor legal representation could indicate bad faith.

Misrepresenting Policy Coverage

If an insurer agent makes false promises about what the policy covers to induce the policyholder to purchase it, it can be bad faith when those promises are not kept.

Putting Financial Interests Ahead of the Policyholder’s

Any practice that prioritizes the insurer’s bottom line over the policyholder’s right to fair compensation could qualify as bad faith.

Why Hire a Bad Faith Insurance Attorney?

Pursuing a bad faith insurance claim requires in-depth legal knowledge. An attorney experienced in bad faith cases understands the complex laws and nuances involved. They can handle the extensive document review necessary and know how to build a compelling case.

An insurance bad faith lawyer can also help calculate and pursue the full compensation the policyholder deserves. This includes economic damages as well as amounts for emotional distress resulting from the insurer’s actions. They negotiate aggressively with insurers while preparing for trial if fair settlement offers are not made.

Hamparyan Law Firm Can Help With Your Bad Faith Claim

The bad faith insurance lawyers at Hamparyan Law Firm have over 20 years assisting clients in San Diego and Southern California who believe they experienced unfair claim denials or poor claim handling. We handle bad faith cases for all types of insurance lines, including:

• Homeowners insurance
• Auto insurance
• Business/commercial insurance
• Disability insurance
• Health insurance
• Life insurance.

Our law firm’s founder, Robert Hamparyan has tried numerous cases, with more than 40 reaching individual settlements over $1 million. With his exceptional litigation skills, he leads an experienced team ready to stand up to insurance companies acting in bad faith. We offer free consultations and handle cases on a contingency fee basis, meaning no upfront costs to you. Our fees come out of any settlement or award we obtain through aggressive negotiation, mediation, or trial.

Steps in a Bad Faith Insurance Claim Case

Pursuing compensation for insurance company bad faith involves several key steps:

Investigation

This involves reviewing the full claim file, insurance policy documents, and other evidence to build a timeline of events and identify examples of bad faith conduct.

Calculation of Damages

Your attorney will assess financial losses resulting from claim denial or delays as well as the level of emotional distress inflicted.

Demand Letter to the Insurer

Your lawyer will send a letter to the insurance company, detailing the evidence of bad faith and demanding fair compensation on the client’s behalf.

Settlement Negotiations

If the insurer makes a reasonable settlement offer, your attorney will advise on the best course of action. If offers are insufficient, negotiations continue.

Lawsuit Filed if Necessary

If good faith negotiations fail, your bad faith lawyer will file a lawsuit to pursue compensation in court. Thorough legal representation is key at each phase. An experienced bad faith attorney knows how to build maximum pressure on insurers to provide fair compensation to the policyholder they mistreated.

Why Choose Hamparyan Law Firm for Your Bad Faith Claim?

If you believe an insurance company breached their duty to handle your claim properly, the bad faith insurance attorneys at Hamparyan Law Firm have the expertise to help. We provide:

• Free consultation – Get high-quality legal guidance on your insurance claim denial, for no cost.
• Contingency fee representation – We only collect our fee if you receive compensation.
• Over 20 years of experience – Our lawyers have helped countless clients with bad faith claims.
• Litigation experience – We aren’t afraid to take insurers to court if needed.
• Client-focused service – Our top priority is helping you get justice after unfair claim treatment.

We serve clients across San Diego and Southern California who have had claims denied or mishandled by insurers. Contact us at (619) 550-1355 to find out how we can help get you the maximum compensation you deserve.

Frequently Asked Questions

What damages can I recover in a bad faith insurance claim according to San Diego insurance law?

You can potentially recover both economic and non-economic damages from insurance bad faith. Economic damages include financial losses like medical bills, lost wages, and loss of business income tied to the wrongful claim denial. Non-economic damages cover emotional distress and harm to your peace of mind and reputation caused by the insurer’s bad faith conduct.

Can I pursue bad faith for claim denial on my own without an attorney?

It is extremely difficult to successfully pursue a bad faith insurance case without legal representation. These cases require extensive review of claim files, complex negotiations with insurers, and litigation experience. An attorney handles correspondence, evidence gathering, establishing damages, and settlement talks to build maximum pressure for top compensation for you.

How much does hiring a San Diego insurance bad faith lawyer cost?

Reputable bad faith insurance lawyers work on a contingency fee basis, meaning no upfront payment is required from you. The attorney receives an agreed-upon percentage of any final settlement or court award. If no compensation is obtained for you, you owe no attorney fees for services. This removes financial barriers to obtaining experienced legal help.

How long do I have to file a bad faith insurance lawsuit?

In California, you generally have two years from the date of the insurer’s wrongful conduct to file a lawsuit alleging bad faith practices in a personal injury claim. If the claim is over property damage, the statute of limitations may stretch to four years. An attorney can provide a definitive assessment of deadlines and urgent action needed during a free consultation.

Can I get punitive damages for insurance company bad faith?

If an insurer’s conduct was found to be malicious, oppressive, or fraudulent, you may be able to recover punitive damages on top of economic and non-economic damages. Punitive damages are meant to punish the insurer monetarily and deter similar misconduct in the future. An experienced bad faith lawyer can determine if you can pursue this added compensation.

Need A Bad Faith Insurance Lawyer? Speak With Our Bad Faith Insurance Attorneys Today

The skilled attorneys at Hamparyan Law Firm are here to fight for your right to fair claims handling if you have faced unreasonable denial or delays by your insurance carrier. Contact us at (619) 550-1355 for a free consultation with a member of our legal team to discuss your situation. We handle bad faith cases throughout Southern California.