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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32369
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Auto accident, my fault on 12/12/2012 in GA. I've been sued

Customer Question

Auto accident, my fault on 12/12/2012 in GA. I've been sued by plaintiff's insurance co for $25K in an under insured claim. My insurance co paid policy limit of $100K. Plaintiff;s claim is accident caused neck & back injury, but she had pre-existing severe degenerative disc disease and was under pain management months prior to accident. Decision to pay claim was made by both insurance companies with limited medical records, and dr reports stating part of claim was not an aggravation of the accident. Plaintiff had a vertebroplasty for a fracture 5 months after the accident that pathology report states was caused by her disease and this was part of claim. Attorney stated they she will defend using argument that payment was made without adequate medical records. I asked if this is bad faith and attorney only answered that I don't have a bad faith claim against plaintiff's insurance co, but my insurance co's claims adjuster was copied on the email. Could I possibly have a bad faith claim against my insurance co? I think the adjuster may have admitted to a law associate, who was working on the case and is suddenly no longer with the firm, that he should not have paid policy pay out.
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

You absolutely could have a bad faith claim against your insurance company or, if not bad faith, at least a breach of contract/duty.

Most insurance companies won't settle a claim for policy limits without a complete examination of all of the medical records, a physical examination by an expert PLUS a full release for their client. They almost certainly could have gotten a release for if they were willing to pay $100k and the Plaintiff is only asking for $25k more.

You probably want to visit with a lawyer that does this specific type of work.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.