My insurance company recently instructed me to file a bodily injury claim with the at-fault driver’s insurance. After determining that the at-fault driver was uninsured, my insurance offered a settlement of $500 but refused to address my lost wages. Isn’t that an example of bad faith?
Last year, we were involved in an accident caused by an uninsured driver in California. I sustained a concussion and whiplash, and have since undergone months of physical therapy for ongoing back pain. The other passenger in our car suffered a bulging disc. It took over a month for the insurance company to confirm that the at-fault driver was uninsured. Prior to that, they had sent us letters stating we were not at fault and eligible for pain and suffering compensation, urging us to reach out to the at-fault driver’s insurance.
Once they realized the driver was uninsured and that it would be a total loss for them, they offered us $500 but completely disregarded my counteroffer for lost wages. Weeks later, they increased their offer to $1,000 “for the inconvenience,” yet they still ignored my claim for lost wages. The adjuster has consistently overlooked my emails, and they haven’t paid for the car repair, despite us taking it to their body shop for an estimate months ago.
Based on what I’ve read online, this seems to be bad faith behavior. Is this just an issue with a bad adjuster, or is this a common practice among insurance companies?
I’m sorry to hear about your situation; it sounds incredibly frustrating and challenging. Based on what you’ve described, it does seem like your insurance company may not be handling your claim appropriately.
In California, insurance companies are required to act in good faith and deal fairly with their policyholders. If they are ignoring your claims for lost wages and not adequately addressing your injuries, they may be falling short of those obligations. It’s concerning that they initially instructed you to pursue the at-fault driver’s insurance, then changed their stance once they realized he was uninsured.
The fact that they seem to be sidestepping your concerns, particularly regarding your physical injuries and lost wages, raises red flags. Although some level of claim dispute can happen, as a policyholder, you have the right to a fair resolution.
You might consider the following steps:
Document Everything: Keep detailed records of all communications with your insurance company, including dates, times, and the content of conversations.
Follow Up in Writing: If they are ignoring your email inquiries, consider sending a formal letter outlining your concerns and your expectation for resolution.
Seek Legal Advice: Consulting with a lawyer who specializes in insurance claims can help you navigate your situation. They can provide guidance on whether you have a case for bad faith and can assist in negotiating with your insurer.
Contact the California Department of Insurance: If you believe you’re being treated unfairly, you can file a complaint with the state. They may be able to help mediate the situation.
This situation isn’t uncommon, unfortunately. Many people experience difficulties with insurance claims, especially after accidents involving uninsured drivers. Standing firm and seeking the support you need can help you get the compensation that you deserve.