Proving Bad Faith Insurance Practices

If an insurance company continues to deny a valid claim even when presented with evidence, they may be acting in bad faith. This means they are breaching their duty to deal fairly with policyholders.

Bad faith practices may include:

  • Intentionally refusing reasonable settlement offers
  • Failing to investigate a claim properly
  • Unjustly interpreting policy language
  • Making unreasonable demands for additional information
  • Delaying communications and payments

Bad faith practices essentially deprive the insured of the benefits they paid for with their policy premiums. These tactics are illegal, and insurance companies can be sued for acting in bad faith. With an attorney's help, victims can hold insurers accountable.

10 Mistakes to Avoid After a Charleston Motorcycle Accident

You can do everything right, and the insurance company may still deny your South Carolina motorcycle accident claim. However, you can reduce the likelihood of an insurance denial by avoiding potentially costly mistakes. Some of the mistakes you can avoid include:

1.      Failing to seek medical treatment immediately after the wreck.

2.      Not being totally honest with doctors regarding past medical history.

3.      Failing to attend all medical appointments.

4.      Only talking about the worst symptoms and keeping quiet regarding other symptoms.

5.      Not telling doctors how your injuries impact your daily living activities and ability to work.

6.      Not following your doctor's orders.

7.      Stopping medical treatment without a doctor's consent.

8.      Failing to treat emotional injuries if they arise after the accident.

9.      Not consulting with an experienced Charleston personal injury attorney about your case if you are injured.

10.   Thinking insurance adjusters are looking out for you and your family's interest.

The key is to report injuries thoroughly, follow treatment plans, and document the accident. An attorney can then use this evidence to fight back against wrongful denials and help you get the compensation you deserve.

South Carolina Motorcycle Accident Damages – Know What You're Fighting For

It takes effort to fight an insurance denial, and you deserve to know what you could recover if your efforts are successful. Your fair compensation may include the following types of damages.

Medical Expenses

One of the primary types of damages sought in a motorcycle accident case is reimbursement for past, current, and future medical expenses related to your accident injuries. Health care costs include hospital bills, surgeries, medications, rehabilitation, and any other costs directly related to treating injuries sustained in the accident. It's crucial to keep detailed records of all medical expenses to present a comprehensive picture of the financial impact on the victim.

Property Damage

Motorcycles can be seriously damaged in accidents. Compensation for property damage typically covers the costs of repairing or replacing the motorcycle and any other personal property, such as protective gear, that was damaged in the crash.

Lost Income

Motorcycle accident injuries can prevent you from working. You deserve compensation for all of your lost income, including lost wages, benefits, bonuses, raises, and self-employment income. In addition to the income you've already lost, your future earning capacity may be affected.

Pain and Suffering

The physical and emotional toll of a motorcycle accident often extends beyond tangible losses. Pain and suffering damages aim to compensate victims for the physical pain, emotional distress, and diminished quality of life resulting from the accident.

Loss of Consortium

In cases where a motorcycle accident results in severe injuries, the impact on personal relationships may lead to a claim for loss of consortium. This type of damage seeks compensation for the adverse effects the injuries have on the victim's relationships with their spouse, including loss of companionship, support, and intimacy.

Punitive Damages

In certain motorcycle accident cases, punitive damages may be awarded to punish the at-fault party for egregious conduct and to deter similar behavior in the future. However, punitive damages are not awarded in every case and typically require evidence of willful or reckless behavior on the part of the responsible party. 

Our experienced Charleston motorcycle accident attorneys consider all types of damages in an effort that you can make a fair recovery after a serious motorcycle crash. 

Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.