No one wakes up in the morning anticipating that they will get into an auto accident, but sadly, it happens every day. According to the Kentucky Traffic Collision Facts Report, there were over 151,000 accidents reported in 2014, and the numbers are on the rise.
Aside from dealing with the injuries and pain, which can be substantial, your next hurdle is making an insurance claim for your injuries and property damage. Whether you’re making a claim to your insurance company, or a third party insurance company, there are a few things you need to know about your rights with regard to insurance companies.
Kentucky Insurance “Bad Faith”
If someone injures you in an automobile accident, the insurance company of the person responsible is generally obligated to pay your claim. Under the Kentucky Unfair Claims Settlement Practices Act, insurance companies must comply with a number of requirements when dealing with insurance claims. Among those requirements, a few stand out as common in dealing with insurance claims after an auto accident. When dealing with insurance companies, keep the following in mind.
Top 5 Kentucky Bad Faith Issues
- Insurance Companies May Not Misrepresent Pertinent Facts or Policy Provisions
Under the UCSPA, insurance companies may not lie to you or misrepresent facts about the policy at issue. This means that they cannot tell you that something is not covered, when in fact, it is.
- Insurance Companies Must Promptly Acknowledge and Respond to Claims
When you submit a claim to an insurance company, they are required to acknowledge receipt of the claim and respond in a reasonably timely manner. This is a common tactic among insurance companies to repeatedly delay response, in the hopes that the statute of limitations on a legal claim will expire.
- Insurance Companies Must Promptly Investigate Claims
Insurance companies are required to adopt reasonable standards for the prompt investigation of claims. Insurance companies are famous for avoiding this requirement, again, in the hopes that the statute of limitations will run out on filing a claim with the courts.
- Insurance Companies Must Conduct a Reasonable Investigation
Refusing to pay a claim after a substandard investigation is prohibited under the Act. It is the responsibility of the insurance company to make a good faith effort to obtain the necessary information and conduct a reasonable investigation based on all of the available facts.
- Insurance Companies Must Not Require a Lawsuit to Recover a Fair Settlement
This is another standard procedure for insurance companies. You file your claim, they investigate and offer you a meager sum as compensation in the hopes that you will go away. This happens every day, usually close to the limitations date for a court action. At this point, most car accident victims obtain a lawyer to help them fight the insurance companies.
If you have been trying without success to obtain a fair settlement from an insurance company after an auto accident, do yourself a favor and contact an experienced personal injury attorney who is also competent in the area of bad faith insurance litigation. Seth Gladstein is a Kentucky personal injury attorney who understands bad faith and is committed to fighting for your rights. Contact Gladstein Law Firm, PLLC today for a free case evaluation by scheduling online or calling 502-855-4177.