Name: LegalService
Item: The Louthian Law Firm
Rating: 5
Author: Johnny Jackson

Bad Faith Insurance Claims

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Obliged to Work in Good Faith

Very often, people who have been injured in car accidents find that collecting on their claim with an insurance company is a frustrating and challenging experience. For most people, it’s an experience they have never had before, and they’re not sure what their rights are and how to go about getting fair treatment from an insurer.

South Carolina law requires insurance companies to deal with claimants in good faith by honoring the contract they have with their insured and by paying legitimate claims. It doesn’t matter whether the claim is for damages arising from a car accident, a fire, an on-the-job injury or a botched medical procedure. If the insurance company doesn’t adhere to certain standards in claims settlement, they can be held accountable in a separate bad faith lawsuit.

What Constitutes Bad Faith?

The law of South Carolina relating to bad faith insurance claims is found in South Carolina Code Annotated § 38-59-20. In some situations, the following may constitute improper claim practices:

Knowingly providing deceptive or misleading information with respect to coverage under the policy
Failing to be reasonably prompt in communications about claims
Failing to promptly investigate and settle claims
Not settling promptly and fairly when liability is clear
Forcing claimants to file suit by offering substantially less than what is reasonable
Discouraging a claim by threatening to rescind the policy as of its inception.

Understanding Bad Faith Claims

It is important for claimants to realize that not every claim denial or disappointing settlement offer is evidence of bad faith. Even though the insurance company may offer less than you think you deserve or a sum that you think is unfair, this doesn’t necessarily mean they are guilty of violating the law governing insurance claims settlement practices. They should, however, be able to explain how they have arrived at their evaluation of the worth of your claim.

Do’s and Don’ts

You should not be surprised if they ask you to give an Examination Under Oath (EUO), as most insurance policies allow them to investigate claims in that manner. This is one of the situations in which an experienced bad faith insurance claims lawyer can provide assistance and ensure that you do not unwittingly give the insurer grounds to deny your claim.

If the insurance company does deny your claim, this is not necessarily evidence of bad faith. It depends on how and why they arrived at that decision. A lawyer will understand the intricacies of the insurance policy covering the accident and will be able to explain the terms of it and how it relates to the company’s decision so that you will be comfortable with it. On the other hand, if the decision is not supported by evidence, he will recognize that and advise you of your options.

Would You Recognize a Reasonable Settlement Amount?

The bad faith insurance claims lawyers of The Louthian Firm Accident & Injury Lawyers have been securing justice for hardworking people and families of South Carolina since 1959. After an accident, people are often overwhelmed by the difficulties of recuperating, paying bills, and getting back to work. We can assist by serving as a buffer between you and the insurance adjuster assigned to your claim. Not only will this make your life easier, it may result in a more favorable settlement. Studies done by the Insurance Research Council have found that insurance payouts to claimants who have attorneys are an average of 3.5 times higher than payments made to people who negotiate the process on their own.

If you have been in an accident that was due to the negligence of another person or company, would you recognize a fair settlement offer? Because we have been down that road many times before, we can advise you whether it is reasonable or whether the insurer should be presented with a counter-offer.

You deserve reasonable compensation for your loss, and with us by your side you will get reasoned advice from seasoned professionals. Call the The Louthian Firm Accident & Injury Lawyers at 803-592-6231 or use our online contact form to find out how we can help you obtain a fair insurance settlement or hold accountable an insurance company that is guilty of bad faith.

Johnny Jackson

Outstanding customer care. Very professional and handled my case in a timely manner.

Tim Sanders

My experience with Louthian Law Firm was a great one. Staff were always nice and friendly, answered all my questions and I was always able to speak with Mr. Louthian when needed. Great Firm.

Linda Hawkins

On behalf of my family and me, I would like to commend Bert Louthian and his firm for the exemplary handling of our recent wrongful death suit against a county whose employee was responsible for the death of my husband. Bert and his associates were successful in getting our family the maximum award allowed by law. More importantly, he did so while treating us like individuals and not as dollar signs for his firm. No one in my family had ever before been involved in such a situation. This was a very emotional time for us. We were coping with the loss of our loved one as well as the stress of attempting to right a wrong. We could never have achieved this alone. We were unfamiliar with what could or should be done, and during the course of litigation, we had many questions. Bert always accepted our calls with understanding and answered our questions in a timely manner. He never made us feel we were a bother or an unnecessary burden on his work load or on that of his staff. He treated us with compassion and with dignity. He continues to advise us as to our remaining rights even though our case has been settled. I did not know Bert before this incident. I therefore feel certain that he treats all his clients with similar concern and care.

Kevin Withers

Could not be more satisfied with the level of professionalism regarding service along with the personable nature of the staff.

Steve Hanayik

At first I wasn’t thinking about obtaining a lawyer until I received a letter from Walmart claim center stating that it appears that I would not be filing a claim and also encouragement from friends about taking on a company like Walmart expecting medical payment. That being said I/we contacted a few firms that advertise on TV and one we know personally. No one was interested in taking on a slip and fall claim. So, my wife started to look at the yellow pages and found the law firm LOUTHIAN. We set up and appointment and met with Mr. Louthian. He didn’t hesitate to represent me in the slip and fall claim. Unfortunately, it took many months to get a copy of the medical bills from the VA medical center. Once that was accomplished, it took a few weeks to settle the claim. I was contacted by Mr Louthian on the first offer and was kind of expecting around that offer. BUT, Mr Louthian said that I deserved more and would go back and negotiate for more. The final offer was not expected by me. I never thought that I would receive that amount. Thanks to Mr Louthian,I was very pleased that he got that much. I will tell all my friends about the law firm and recommend it to them. I also got a bunch of business cards to give away.