Rhode Island personal injury lawyers are well aware of the reckless, malicious and litigious tactic of big Insurance and their defense attorneys. (Bad Faith Insurance Tactics) We all have seen the command and control litigation tactics of insurance defense lawyers attempting to deprive victims of their day in Providence Superior court. The most well known and infamous tactics are delaying payment of legitimate claims, denial of claims covered by the policy and “low ball” settlement tactics.
Bad Faith Insurance tactics by Insurance Adjusters in Rhode Island
Bad faith in Rhode Island
- The unfortunate and pathetic practice of blaming the seriously injured victim for their own injury. This is a disgusting and pathetic practice often perpetrated by insurance and their lawyers.
- In a food poisoning case, alleging that the injured victim got sick at another restaurant, fast food joint or at home.
- Claiming the victim had a preexisting injury (even if it was from years before) and therefore their negligence did not cause the injuries.
- Delaying payment so they can use the victim’s settlement money to earn further income, this is earning money off the float.
- Undermining the credibility of the injured victim by bringing up old criminal convictions or irrelevant embarrassing online posts such as a topless picture from a college spring break.
- Forcing multiple injured victims to litigate separately to drive up their costs.
- Alleging that the victims were partially responsible for their injuries or assumed the risk that was unreasonably dangerous.
- Denying the RI injury claim. This is something insurance adjusters are very good at.
- Character assassination of the victim, including calling the victim a liar, a criminal or untrustworthy
- Alleging the injured victims over treated, under-treated or did not treat properly
- Alleging that the victim’s injury was exaggerated or imaginary or that the victim is mentally ill. (This usually involves trying to obtain the victim’ s psychological records to attempt to shame them into a penny on the dollar settlement)
- Deleterious illegal low-ball settlement tactics.
- Seeking irrelevant information to embarrass the victims. That old nude picture that an ex put up on the internet will be fodder for defacto extortion.
- Paying top, high priced personal injury insurance defense victims to litigate for years
- Delaying payment of a valid claim so that the victim will get desperate and need the funds to avoid foreclosure or nankruptcy
- Arguing in the alternative such as our insured did not cause the accident but if he caused it, the victim was not injured and if the victim was injured it is a minor injury
Delaying payment of legitimate claims, denial of claims covered by the policy and “low ball” settlement tactics
Insurance companies, corporate America, insurance defense lawyers and insurance adjusters often engage in illegal hard ball litigation tactics in personal injury and accident claims that are considered bad faith. The most well known and infamous tactics are delaying payment of legitimate claims, denial of claims covered by the policy and “low ball” settlement tactics. Some other types of bad faith insurance tactics that I see in Providence Superior Court include:
- Denial of a legitimate RI personal injury claim without providing a valid reason or any rationale or justification
- Failure to perform a thorough, fair and complete investigation into a personal injury, RI car accident, premises liability or property damage claim
- Delay payment for compensation of a valid claim for years or perhaps many years, Make threatening or misleading statements to injured victims filing a claim for tort compensation
- Misrepresent policy language or the law concerning insurance coverage
- Ignore phone calls and letters from victims and deny such calls occurred, failure to engage in a unbiased and fair investigation
- Prolong negotiations for a settlement unnecessarily with hopes that the victim will become desperate as a result of foreclosure or bankruptcy
- Tell the claimant the file has been lost, destroyed or transferred to another office
- Making statements that the claim was filed too late, even when the statute of limitations has not yet expired!
- Offer substantially less compensation to the RI injured victim than the value of the claim
- Refusal to pay any compensation of a valid negligence and injury claim including wrongful death, pedestrian accident, RI slip and fall (premises liability) and Providence construction accident claims
- Refuse a legitimate or reasonable request for documents, pictures or evidence they have compiled.
“Bad faith” insurance practices refer to situations where an insurance company acts dishonestly or unfairly toward a policyholder or a claimant. While the majority of insurance companies operate ethically and fulfill their obligations to policyholders, there are instances where individuals feel that they are being treated unfairly by their insurance providers. Here are some common bad faith insurance tactics and how they may be defended against:
- Denial of Legitimate Claims: Sometimes, insurance companies may deny valid claims without a reasonable basis. This can be defended against by providing ample evidence to support your claim and reviewing your policy to ensure your claim falls within its terms and conditions. If you believe your claim was wrongly denied, you can file a complaint with your state’s insurance regulatory agency or consider legal action.
- Delaying Claims Processing: Delays in claims processing can cause financial hardship for policyholders. You can defend against this tactic by maintaining open communication with the insurance company, documenting all correspondence and phone calls, and keeping records of all expenses related to the claim. If the delay persists, you may want to consult with an attorney or file a complaint with the insurance regulator.
- Lowball Settlement Offers: Insurance companies may offer settlements that are much lower than the actual value of a claim. To defend against this tactic, it’s essential to understand the true value of your claim by gathering evidence and, if necessary, obtaining independent appraisals or expert opinions. You can also negotiate with the insurance company or seek legal representation to negotiate on your behalf.
- Misrepresenting Policy Terms: Some insurance companies may provide inaccurate information about policy terms or coverage. To defend against this, always read your policy carefully and seek clarification from your insurance agent or representative if you have any doubts. Keep records of all communications regarding your policy.
- Failure to Investigate: Insurance companies have a duty to thoroughly investigate claims. If they fail to do so, it can be considered bad faith. You can defend against this by providing all necessary documentation and information requested by the insurer and ensuring they complete a proper investigation.
- Unreasonable Litigation Tactics: If you have to file a lawsuit against your insurer due to their bad faith practices, they may employ unreasonable litigation tactics. This can include filing frivolous motions or attempting to drag out the legal process. You can defend against this by having a competent attorney who can counter such tactics and advocate for your rights.
- Regulatory Complaints and Legal Action: If you believe you are a victim of bad faith insurance practices, you can file complaints with your state’s insurance regulatory agency and consult with an attorney experienced in insurance law. Legal action may be necessary to recover the compensation you are entitled to.
Remember that insurance regulations and laws can vary by jurisdiction, so it’s crucial to familiarize yourself with the specific laws and regulations in your area. Additionally, consulting with an attorney who specializes in insurance law can provide you with tailored guidance and assistance in addressing bad faith insurance tactics.
Get a high powered lawyer on your side to hold big insurance accountable for these deleterious tactics. An attorney will help you hold big insurance accountable for their actions and get you a sense of justice. If you need a high powered, ozempic lawsuit law firm, mesothelioma lawsuit lawyer or a hair relaxer lawsuit attorney, contact us. Slepkow Slepkow & Associates, Inc. was established in 1932 and has a long history of aggressive and effective legal representation. Don’t settle Low, Call David Slepkow!