Blog Layout

Navigating the Complex Terrain of Filing a Bad Faith Insurance Claim Following a Commercial Trucking Accident

June 30, 2023

Commercial trucking accidents often lead to significant physical injuries and financial losses, with the potential for life-altering repercussions. As such, the importance of adequate insurance coverage can't be overstated. But what happens when an insurance company fails to uphold its end of the contract? In these instances, victims may find themselves navigating the complex terrain of filing a bad faith insurance claim.


Anatomy of a Bad Faith Claim


First, let's unpack what a bad faith insurance claim is. Insurance companies are required by law to act in good faith, which means they must handle claims fairly and promptly, offering reasonable explanations for any claim denials. A company acts in bad faith when it unjustly denies, delays, or underpays a claim, essentially neglecting its contractual obligations. 


In the context of commercial trucking accidents, this could involve the insurer of the trucking company or the insurer of an injured party. If an insurer fails to conduct a timely and thorough investigation, refuses to pay a valid claim, or undervalues a claim without a valid reason, it may be acting in bad faith.


Benefits of Legal Representation


Venturing into the landscape of bad faith insurance claims without an experienced guide can be a daunting prospect. This is where legal representation comes in. Hiring an attorney can bring numerous benefits when dealing with insurance companies that are acting in bad faith. 


An attorney has the knowledge and experience to identify instances of bad faith, gather necessary evidence, and build a compelling case. They can also offer crucial support during negotiations, striving to secure a fair settlement. In the event that a fair settlement can't be reached, an attorney can litigate the case in court, representing the client's interests robustly.


Journey Through the Legal Process


When you decide to work with an attorney, what should you expect? The journey begins with a thorough investigation of your claim and the insurer's actions. Your attorney will assess whether the insurer acted in bad faith, which could involve the examination of communication records, review of policy details, and possibly consultations with industry experts.


Once a case of bad faith is established, your attorney will proceed with the filing of the bad faith claim. Negotiations will be initiated with the insurer, aimed at securing a fair settlement. If negotiations fail to achieve a satisfactory result, your attorney will prepare to take the case to court.


In court, your attorney will present your case, providing evidence of the insurer's bad faith actions. If successful, you could be awarded not just your original claim amount, but also additional damages for the insurer's bad faith conduct.


Finding the Top Personal Injury Lawyers in Atlanta


Commercial trucking accidents can have profound effects, and dealing with a bad faith insurance claim on top of that can add to the stress. If you're grappling with such a situation, remember that you don't have to do it alone. 


For more details on how an attorney can assist you in your bad faith insurance claim following a commercial trucking accident, please visit the 'Lawyers' page on this website. With a legal advocate by your side, you can navigate these challenging waters with confidence, focusing on what truly matters - your recovery.


By ATL Elite Lawyers August 20, 2024
ATL Elite Lawyers explain how surveillance footage in truck accident claims plays a significant role in determining liability and fault. Learn more, here
By ATL Elite Lawyers August 20, 2024
If you suspect a truck driver was under the influence and was the cause of your accident be sure to take these necessary steps to ensure justice is served.
By ATL Elite Lawyers August 20, 2024
A jackknife accident involves a situation where a truck’s trailer swings out from behind the cab. ATL Elite Lawyers help decipher who may be at fault in these specific instances.
Share by: