Schmitt Mulhern, LLC

5 common bad faith insurance tactics

Dealing with an injury after an accident is bad enough, but insurance companies can make it worse. If your insurance company is not holding up its end of the bargain, you might go without the compensation you need to recover. Your insurance company must thoroughly investigate and settle claims in a timely and honest manner. 

Sometimes, insurance companies may partake in unfair or dishonest practices, known as acting in bad faith. Here are some common bad faith tactics: 

1. Delays

According to the American Bar Association (ABA), one bad faith strategy is looking for problems that can unreasonably delay a claim. Your insurance company might do this to see if you will give up on the claim. If you are dealing with an insurance company dragging out time, you might be able to file a bad faith claim. 

2. Incomplete investigation

Insurance companies must properly investigate claims. As a policyholder, you deserve to have your claim be seriously looked at. For example, if your claims adjuster fails to inspect damage to your car in-person and simply determines it was pre-existing after talking to you on the phone, it could be a violation of implied duty of fair dealing. 

3. Undervaluing a claim

Your insurance company could try to offer you a reduced claim in an effort to save money. Insurance companies cannot intentionally offer a lowball claim. You should not accept a smaller amount than your claim is worth. 

4. Deception

An insurer might intentionally fail to mention important information to you. For example, your agent could fail to tell you about a claim deadline or existence of coverage. 

5. Making threats

One of the most obvious signs of bad faith is making threatening statements. If your insurance company is threatening to file criminal charges or take other legal action because you file a claim, you should contact an attorney as soon as possible. 

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Ben Schmitt

Attorney Ben Schmitt

Mr. Schmitt has over 25 years of legal experience in Missouri and Kansas, and he has been first chair in over 100 jury trials in state and federal courts. He is recognized by the Kansas City Business Journal, Super Lawyers, Avvo.com and Martindale Hubbell as one of the best personal injury lawyers in Missouri and Kansas.

Matt Mulhern

Attorney Matt Mulhern

Mr. Mulhern has over 25 years of legal experience and a 100 percent success rate arguing before the Missouri Court of Appeals. He has a unique knowledge of the inner workings of insurance companies and how they will dispute your injury claim. He practices in both Missouri and Kansas.