Pittsburgh Insurance Bad Faith Lawyers
Holding insurance companies accountable when they use delaying or illegal tactics to deny your claim
There are rules of fair play in insurance negotiations. If you’re involved in any type of accident such as a car crash, a fall on someone’s property, a workplace accident, or a defective product malfunction, you have the right to expect that the insurance companies for the defendants will bargain honestly. While the insurance company has the right to investigate your claim and assert its defenses, they cannot intentionally delay resolving your claim. They cannot assert legal and factual positions that are not supported by law or by what happened. Your own insurance company must also bargain in good faith.
At Carmody and Ging, Injury & Accident Lawyers, we hold insurance companies accountable when they bargain in bad faith. Our Pittsburgh-based attorneys have been fighting for personal injury victims in Western Pennsylvania for 30 years. We understand what defenses are legitimate, and which ones violate Pennsylvania law or the rules of personal injury insurance negotiation. We assert all the remedies available to you including demanding that the insurance company pay your full claim, pay your legal fees, and pay interest for their delay.
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What would you like to know?
- What types of insurance disputes may result in bad faith claims?
- What types of conduct qualify as bad faith insurance negotiation in Pittsburgh?
- What are the Pennsylvania laws on bad faith?
- What are my remedies if an insurance company acts in bad faith?
- Do you have a bad faith insurance lawyer near me?
What types of insurance disputes may result in bad faith claims?
Generally, there are two types of insurance claims when personal injury accidents happen in Pittsburgh. The first type (called a third-party claim) involves the insurance companies for the defendants. If the defendants are liable for your injuries, then those insurance companies are required to pay your damages. The second type (called a first-party claim) involves claims against your own insurance company.
Examples of third-party claims include claims against the insurance companies for:
- Negligent drivers
- Negligent property owners
- Doctors who commit medical malpractice
- Manufacturers of defective products
- Nursing homes that commit abuse or neglect
- An employer who is responsible for workers’ compensation benefits
Examples of first-party claims include
- Uninsured/underinsured (UM/UIM) coverage. When the driver who struck you doesn’t have insurance or doesn’t have enough to pay your full claim, you can seek payment from your UM/UIM carrier.
- Collision insurance. Your collision carrier pays for damage to your car regardless of fault.
- Health insurance. Many Pittsburgh accident victims use their own healthcare policy until their claim settles or there is a jury verdict.
- First-party benefits. Injured car accident victims can request that this insurance company for their medical bills up to the policy amount regardless of fault.
At Carmody and Ging, we’ll explain which insurance company pays your claim, and what your rights are if they play fast and loose with your money.
What types of conduct qualify as bad faith insurance negotiation in Pittsburgh?
Insurance adjusters and companies are required by state law to negotiate in good faith. Companies that cross the line of being an advocate into overzealous representation are said to be arguing in bad faith. Generally, bad faith negotiation includes one or more of the following aggressive insurance tactics:
- Not promptly investigating your claim
- Not returning phone calls, emails, and letters
- Failing to make a timely payment when the payment is clearly due
- Declining to pay full value
- Interpreting the policy in unreasonable ways
- Trying to invalidate or minimize your claim based on unreasonable grounds
- Delaying your claim unreasonably such as by submitting requests for information the insurance company already has
- Using experts that they know are not credible
- Not making a reasonable settlement offer just to force you to go to trial
- Refusing to pay the policy limits when it is certain that your claim Is worth more than the policy limits
Our Pittsburgh bad faith insurance lawyers understand the various tricks and strategies insurance companies use to deny your claim. We understand what positions are reasonable and which are designed to force you into a bad settlement. At Carmody and Ging, we protect your right to fair play.
What are the Pennsylvania laws on bad faith?
42 Pa. C.S. § 8371 provides that:
In an action arising under an insurance policy, if the court finds that the insurer has acted in bad faith toward the insured, the court may take all of the following actions:
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- Award interest on the amount of the claim from the date the claim was made by the insured in an amount equal to the prime rate of interest plus 3%.
- Award punitive damages against the insurer.
- Assess court costs and attorney fees against the insurer.
There are many other laws that regulate the insurance industry in Pennsylvania.
What are my remedies if an insurance company acts in bad faith?
Our Pittsburgh bad faith insurance lawyers file separate claims against insurance companies that negotiate in bad faith. We work to show that bad faith negotiation took place by reviewing how the insurance adjuster/company handled each phase of your claim, what documentation was requested and provided, and what the standards for good faith negotiation are. In some cases, we may work with independent insurance adjusters who can explain why your adjuster/company pushed the envelope too far – negotiated in bad faith.
When insurance companies do act in bad faith, our personal injury lawyers demand that the insurance companies pay the following damages detailed in the Pennsylvania statute discussed above:
- Interest on the amount of the claim
- Punitive damages
- Court costs and our legal fees
In addition, we demand that the insurance company pay the full amount of your claim – even if your damages exceed the amount of the policy limits. We also demand that you be paid any consequential damages – damages you suffer because of the delay in proper payment.
We may also file a complaint with the Pennsylvania Insurance Department.
Do you have a bad faith insurance lawyer near me?
Carmody and Ging is located at 801 Vinial Street in Pittsburgh, on the 3rd floor of the Deutschtown Center building. Our office is located across the street from Penn Brewery, and there’s plenty of parking onsite. You can also come to our office by taking the bus to the Troy Hill Road stop. We’re around the corner from the stop.
If you’re too injured to travel, we do make alternate arrangements, like setting up a video conference or arranging to meet with you in your home, a hospital, or a rehab facility.
Never negotiate with the insurance company directly. They’re not your friend. They don’t have your best interest at heart. Our Pittsburgh personal injury and workers’ compensation lawyers understand the negotiation proves. We understand when insurance companies are negotiating in bad faith. We do demand that unscrupulous insurance companies be held accountable.
Don’t let insurance companies give you the runaround. Call our Pittsburgh bad faith insurance lawyers today
Once we review the liability issues and fully understand your medical condition, we do negotiate with insurance companies on your behalf. When the insurance company negotiates in bad faith, we do more than just proceed with your case in court for your accident claim. At Carmody and Ging, we demand that insurance companies pay a financial price for their bad faith negotiation. To schedule a free consultation with an experienced Pittsburgh personal injury lawyer, please call 412.455.3158 or use our contact form. We have strong ties to the Pittsburgh community, and our office is conveniently located on the North Shore. We demand that everyone involved in an accident be treated fairly.
