FAQS About Bad Faith Insurance Claims
Below are some frequently asked questions about Bad Faith Insurance Claims:
What can I do if my insurance company is working against me?
Generally speaking, Texas requires insurers to act in good faith. At a minimum, this means that your insurance company must:
- Not make false representations of fact or misrepresentations to you.
- Promptly acknowledge your claim and begin its investigation of your claim, including assigning an individual adjuster to schedule a date and time to come out to your home to inspect the damage to your home.
- Make a prompt, fair, and equitable determination of your claim, including promptly accepting or denying your claim and paying your claim.
- Not undervalue or underestimate the cost to repair and/or replace your covered damage in an attempt to underpay your claim.
- Explain the basis in fact and under the policy for its decision to deny your claim, in whole or in part.
If your insurer is not communicating or cooperating, your insurer may be acting in bad faith. If so, you should speak immediately with a McLaurin bad faith insurance claim attorney about your problems. Then, during a free strategy session, we will listen to your concerns and advise you of your options in detail.
Unfortunately, it is common for insurance companies to violate these provisions and act in bad faith. If you suspect your insurance company is acting in bad faith, schedule an appointment with us today.
What should I do if I tell my insurance company about a claim but have yet to hear back?
Texas places deadlines on insurance companies to ensure that they act efficiently. After you inform your insurance company of a claim, they have:
- 15 business days to acknowledge receipt of your claim, in writing, commence investigation of your claim, and request from you all items, statements, and forms that the insurer reasonably believes, at that time, will be required.
- 15 business days after the date they receive all items, information, statements, and forms requested from you, your insurer must notify you, in writing, of its acceptance or rejection of your claim, or advise you of its reasonable request for additional time to make its determination and notify you of it.
- 5 business days after providing you notice of its acceptance of your claim, in whole or in part, they must pay your claim.
- ***All of these deadlines are extended for an additional 15 days in the event of a weather-related catastrophe or major natural disaster.
If your insurance company has not sent any paperwork and it has been longer than 15 business days, contact a McLaurin Law bad faith attorney. We have fought with insurance companies on behalf of our clients for over a decade. One of our bad faith insurance lawyers will sit down with you for a free strategy session to review your options.
I don't understand the claim paperwork from my insurance company. Can you help?
Yes. We have helped clients through the claims process for over a decade at McLaurin Law. You must understand the paperwork and respond before any deadlines expire. The paperwork should contain your proof of loss forms, including an itemized list of damage that your policy should cover.
The fact that your insurance company sent the paperwork late may constitute bad faith. Call us today to speak with a bad faith insurance attorney.
Can my insurance company cancel my insurance without letting me know?
No. Texas law requires a ten-day written notice, and your policy may include greater protections. A suddenly canceled policy is evidence of bad faith.
When you need more than luck, call McLaurin Law at (713) 461-6500 or complete the online form to schedule a free strategy session with an experienced bad faith insurance claim attorney.