After a car crash, the accident victims initiate claims through their own insurance but what if your Insurance Carrier Fails to Investigate? Before initiating a claim, insurance carriers almost always investigate the accident to validate details about how the crash occurred as well as to assess the value of the damages claimed.
Insurance carriers often fail to adequately investigate claims before rejecting them. Even when legitimate grounds exist for denying a claim, insurance carriers must investigate matters before deciding to issue compensation. If you were injured following a crash and your insurance carrier denied the claim without performing a proper investigation, you might be able to pursue compensation.
When an Insurance Carrier Fails to Investigate Claims, the Result is a Loss of Money and Time for Claimants.
In many cases, insurers fail to conduct proper investigations into whether they should be paying out on certain types of claims. This means that claimants are left with no choice but to take legal action against them. In some instances, these actions can cost thousands of pounds. It also takes time away from people’s lives as they wait for decisions that may never come.
Insurance Carrier Fail to Investigate Claims When They Should Pay Out
Many times, insurance companies simply don’t invest enough resources into investigating a particular type of claim. For example, if someone makes a car accident claim, then the company might only send one person to inspect the scene of the crash. If there was damage to property, however, the same company would likely send two different inspectors to check things over.
Why Does This Happen?
There are several reasons why insurance companies sometimes fail to carry out adequate investigation procedures.
Insured Claims are Different in Missouri and Kansas
Missouri is classified as an “at-fault” state, which means that the victim of an auto accident will initiate a compensation action against the insurance carrier of the party who caused the accident. Kansas, however, is one of several states that follows a “no-fault” approach, which means that an insurance carrier pays for certain damages of their own insured party regardless of fault. In Kansas, a claim can still be made against the at-fault driver provided the Kansas tort threshold of $2,000.00 has been met.
You Have a Right to a Sufficient Investigation
As an insurance policyholder, you have certain rights including the right to an adequate investigation of your claims. If you were injured in a crash due to another person’s negligence, the liability insurance carrier is required to investigate your claim.
The Right to Initiate a Lawsuit against the Insurance Carrier
You have the right to initiate legal action against insurance carriers when they act in bad faith by violating the terms of your agreement or fail the terms of an insurance policy. Some of the most common violations committed by insurance carriers include failing to pay claims in a timely fashion or not paying properly filed claims. Remember, you have legal rights if an insurance carrier violates these terms.
In Missouri, if an insurance carrier fails to provide payment, the carrier is said to be acting in bad faith. The display of bad faith by insurance carriers commonly places unnecessary financial and emotional strain on people who pursue claims. Insurance carriers gain by either denying or delaying payments instead of paying claims. In Missouri, courts have held that various acts represent bad faith including:
- Concealing unfavorable evidence
- Failing to inform an insured party of a settlement offer
- Inadequately investigating a claim
- Not adequately evaluating a claim
- Not explaining a refusal to defend an insured party
- Not granting good faith consideration in a settlement
- Not negotiating a settlement in good faith
- Not providing an explanation for refusing to pay a claim
- Refusing a claim based on suspicion instead of a reasonable inference
- Relying on a discredited defense
- Relying on an unsuccessful defense asserted after a refusal and action were filed
Speak With an Experienced Accident Attorney
If you or a loved one was injured in an accident that occurred due to someone else’s negligence, this does not mean that insurance carriers will be agreeable to giving you the compensation you deserve. Contact House Law LLC today to schedule a free case evaluation.