Title: My Insurance Company Tried to Shortchange Me on My UIM Claim, Delayed for Years, and Only Offered Policy Limits When I Pushed Them. Do I Have a Bad Faith Case?
Alright, this is going to be a long ride, so strap in. It’s about 8 pages and over 3,900 words of confusion and frustration. I’m looking for insights from anyone well-versed in legal matters or who has been through something similar.
DISCLAIMER: I don’t know anything about insurance or the law; I’m just an infantry Marine.
JULY 2022
I was in a car accident in Pennsylvania—rear-ended, and my vehicle was totaled. At the time, I was on recruiting orders for the Marine Corps, having served for 8.5 years. I have been married for just as long and have four kids.
Before the accident, my medical record was spotless—no complaints, no sick notes, no issues of any kind. I had consistently passed my physicals and fitness tests without a hitch. Basically, I was a healthy guy who rarely, if ever, visited the doctor.
Post-accident, I started dealing with chronic neck, shoulder, and lower back pain. For six months, I underwent rehabilitation, but right after the accident, I began experiencing debilitating daily panic attacks. The kind of panic attacks that make you feel like you can’t function.
I received $15k from the at-fault driver’s insurance—their maximum payout—and an additional $22k from my own insurance for the total loss of my vehicle. I felt like I was swimming in cash until I realized I was still struggling. I was assigned back to California due to my medical condition, and my career took a severe hit—recruiting was out, and I was staring at a potential Medical Evaluation Board (MEB) after two periods of Limited Duty.
—– AT THIS POINT, I STILL HAD NO CLUE WHAT UIM IS OR HOW IT WORKS —–
JULY 2023 – ONE YEAR LATER
I reached out to my insurance adjuster, hoping to shut down the ongoing claim. Every time I opened my insurance app, that claim flashed in my face, triggering anxiety. I asked if they could close it out. She returned my call but left a voicemail indicating they were waiting for payment from the at-fault party’s insurance. I brushed it off, thinking nothing of it.
CAN YOU BELIEVE IT? I COULD HAVE CLOSED MY CLAIM LIKE AN IDIOT!
At this point, my psychologist had officially referred me to the MEB, which terrified me. I desperately wanted to serve my full 20 years. Navigating panic attacks was tough, but I pushed forward.
Then, about a week later, I got a call. It was from the at-fault insurance. The representative was checking in on me. When I mentioned my deteriorating situation and that I’d be facing a potential forced separation, he asked if I had filed a claim for my Underinsured Motorist (UIM) coverage. I had no idea what that was, so he encouraged me to call my insurance and file a claim.
So, I did.
—– AT THIS POINT, I STILL HAD NO CLUE WHAT UIM IS OR HOW IT WORKS —–
NOVEMBER 2023
A new adjuster appears on my claim, asking for medical authorizations to pull my records. This results in a massive 2600+ page PDF of documentation. She checks in periodically to see how I’m doing.
MARCH 2024
I welcomed my fifth child and finally entered the MEB process after losing my file for six months. I started attending appointments to assess my fitness for duty and potential disability rating if I got separated.
My new adjuster announced she was going on maternity leave, leaving me feeling abandoned as I faced the
Wow, that’s an incredibly detailed recounting of your experience with the insurance claim process. First off, thank you for your service. It’s clear you’ve been through a tremendous amount during this ordeal, and it sounds like you’ve made significant efforts to understand and advocate for your rights throughout the process.
To answer your main questions:
Do you have something here? – You certainly have documented evidence of significant delays and lack of communication from your insurance company, which may be indicative of bad faith. Insurance companies are generally expected to act in good faith and deal fairly with their policyholders. If they failed to inform you of your UIM options and the appropriate timelines, you may have grounds for a bad faith claim.
Is this bad faith, or are you just being greedy? – Based on what you’ve described, it seems more than reasonable for you to pursue what you believe you’re owed. It doesn’t come across as greed; rather, it’s about seeking fair compensation for what you’ve endured due to their actions (or inactions).
Is this winnable? – While I cannot provide a definitive answer, many of the points you raise (delays, lack of communication, low initial offers) align with common indicators of bad faith in insurance. Whether you’d win would depend on the evidence you have and the specifics of the law in Pennsylvania. But with the right legal guidance, you could have a strong case.
Should you get a lawyer? – Given the complexity of your situation and the potential for a significant payout, consulting a lawyer who specializes in insurance bad faith or personal injury might be prudent. You’ll want someone who can navigate this for you, especially since you have military legal assistance available.
In conclusion: While you are entitled to explore your options and seek what you believe is fair compensation, having a professional legal expert guide you through the process will ensure that you’re making the best decisions moving forward. If you feel confident in the offer, and it provides you the relief you need for your family, that’s also a valid path. Ultimately, it’s about what you’re comfortable with and what you believe is right for your situation. Good luck, and take care!