Was your claim for insurance benefits denied after a car accident, slip and fall, or a loved one’s wrongful death in Charleston, South Carolina? It’s time to call the Ty Robinson Personal Injury & Car Accident Law Firm. Our experienced Charleston bad faith insurance lawyer is ready to help you demand the justice you deserve.
The y Robinson Personal Injury & Car Accident Law Firm is dedicated to fighting for injury victims and families in Charleston, South Carolina. When insurance companies step out of line, our award-winning legal team takes action to hold them accountable. The results: millions of dollars in financial settlements and jury verdicts.
Today, we’re here to help you take on a powerful insurance company and fight for the compensation you deserve, too. Contact our law office in Charleston at (843) 278-2222 for a free consultation to learn more.
Why Choose the Ty Robinson Law Firm To Handle Your Bad Faith Insurance Lawsuit in Charleston, SC
It’s tough taking on a powerful insurance company on your own. That’s why you need to hire an experienced Charleston, South Carolina, personal injury lawyer to handle your bad faith insurance lawsuit. Your choice of representation matters, and choosing the Ty Robinson Law Firm puts a top-rated South Carolina civil litigator right in your corner.
Backed by years of experience and millions recovered, our Charleston bad faith insurance attorney has the resources and skills needed to take on South Carolina’s most powerful insurance providers and force them to make things right. We offer a free case evaluation, so contact our law office today to discuss your case.
What Is Bad Faith Insurance?
An insurance policy is a contract between the insured (the person who bought the policy) and the insurance company. In exchange for receiving payment for the policy, the insurance company agrees to cover certain losses.
Further, the insurance company agrees to consider any claims submitted by the insured party (or other covered claimants) in good faith. Good faith means considering the claim honestly and with the intent to fulfil the policy’s terms.
Bad faith insurance practices, on the other hand, are those intended to deceive, misinterpret, or intentionally violate the terms of a policy.
South Carolina Law Prohibits Bad Faith Conduct
In South Carolina, bad faith insurance practices are unlawful. South Carolina Code Section 38-59-20 prohibits insurance companies from engaging in bad faith conduct. The law explains that an insurance company is prohibited from “Not attempting in good faith to effect prompt, fair, and equitable settlement of claims, including third-party liability claims, submitted to it in which liability has become reasonably clear.”
This applies to:
- Auto insurance
- Health insurance
- Casualty insurance
- Title insurance
- Marine insurance
- Surety insurance
- Commercial insurance
- Property insurance
If an insurance company is found to violate the law, it can be sued and required to pay the initial claim, additional damages, and/or punitive damages.
Examples of Bad Faith Insurance Practices
Bad faith can be interpreted to mean a lot of different things. In South Carolina, the law explicitly defines bad faith conduct to include:
- Knowingly misrepresenting pertinent facts or policy provisions
- Providing deceptive or misleading information about a fact or policy provision
- Failing to acknowledge communications about a claim in a timely manner
- Failing to adopt and/or implement reasonable standards to investigate and/or settle claims promptly
- Compelling or coercing policyholders and/or claimants to accept less than a claim is known to be worth
- Offering to settle a claim for less than its worth
- Changing the terms of an insurance policy after a claim has been submitted
- Threatening to rescind a policy after a claim has been submitted
- Delaying the reasonable settlement of a claim or payment of a settlement agreement without reasonable justification
- Denying an insurance claim without a reasonable justification
South Carolina’s bad faith insurance law applies to both first-party and third-party claims. First-party claims are filed by the policyholder. Third-party claims are filed by someone other than the policyholder.
For instance, if you were injured in a car accident in Charleston, SC, because someone else was careless, you could file a claim with the at-fault driver’s car insurance company to recover benefits from their auto policy. This is a third-party claim.
Since the insurance company agrees to cover costs related to traffic accidents for which the policyholder shares blame, the insurance company has an obligation to consider your claim for benefits in good faith.
Are Insurance Claims Always Denied in Bad Faith?
Insurance companies do have legitimate reasons for delaying payment of claims, extending the claims process, or denying insurance claims in full.
Insurance carriers may have the right to:
- Deny to pay a claim if the policy has lapsed due to nonpayment or another breach of contract
- Extend the claims process to complete an investigation that was initiated in a timely manner
- Deny to pay a claim if the claimant is not covered under the terms of the policy
- Deny to pay a claim if the cause of the damage is not covered under the policy
- Delay the claims process or deny a claim if the claimant has failed to provide requested information, documents, or evidence
- Deny a claim or offer a reduced settlement if there’s a legitimate dispute regarding liability
Insurance companies have been known to take advantage of grey areas in the law to sidestep responsibility when a legitimate claim is filed. Just because the insurance company says it has a legitimate reason for taking certain actions, you don’t have to take its word for it.
Instead, call the Ty Robinson Law Firm and ask our experienced South Carolina bad faith insurance attorney in Charleston to review your case.
What Compensation Can I Recover if I Win My Bad Faith Insurance Lawsuit?
When you file a bad faith action against an insurance company, our Charleston personal injury attorney can help you seek:
- Actual damages reflecting the value of your initial claim
- Consequential damages for costs you’ve experienced because of the insurance carrier’s bad faith conduct
- Attorney fees
Punitive damages can also be sought if there’s evidence the insurance company acted maliciously or intentionally. However, punitive damages are limited to disputes that make it to trial. In South Carolina, a jury can award these additional damages to punish a defendant when there’s clear evidence of wilful, wanton, or reckless conduct. Barring a few exceptions, punitive awards are capped at three times the value of compensatory damages or $500,000, whichever is greater.
How Much Does It Cost To Hire a Bad Faith Insurance Attorney?
You’re already struggling financially because the insurance company denies your claim in bad faith. Hiring an attorney to help you make things right shouldn’t add to the stress you’re under. That’s why the Ty Robinson Law Firm handles bad faith insurance litigation on a contingency fee basis.
We don’t get paid until we win compensation for your bad faith action. Many times, attorney fees are built right into your financial award. If they’re not, you can expect your attorney to recover fees that are relative to your financial recovery, usually between 33 and 40 percent of the award.
How Long Do I Have To File a Bad Faith Insurance Claim in South Carolina?
You’ll have three years from the date of the insurance company’s bad faith conduct to file a civil lawsuit for damages in South Carolina.
Don’t let too much time pass by. If the statute of limitations runs out before you’ve taken action, you’ll lose the ability to force the insurance company to take responsibility for its deceitful, harmful actions.
Schedule a Free Case Review With an Experienced Charleston Bad Faith Insurance Lawyer
Call our top-rated litigator at the Ty Robinson Law Firm if you’ve had an insurance claim denied in bad faith after an accident in Charleston, South Carolina. Insurance companies are required to act honestly and transparently when handling claims.
If they’ve attempted to deceive you about your rights or deny your claim without good reason, you can take legal action to make things right. Contact our Charleston law office to learn more. Your first case evaluation with our Charleston bad faith insurance lawyer is free.
