Your Nearby Experienced Atlanta & Georgia Bad Faith Insurance Lawyers

A bad faith insurance lawyer represents victims who think their insurance company has made decisions that protect themselves while denying claims or failing to fulfill obligations a policyholder is entitled to. An insurance company that has acted in bad faith has intentionally breached its contract (the policy they issued, and the insured paid for) with the insured. While bad faith cases can be difficult to prove, cases against insurers that claim bad faith are on the rise.

If you believe your insurance company, or one that is responsible for your accident, has acted incorrectly, it’s important to understand what constitutes bad faith in the first place. Consulting with an experienced Atlanta bad faith insurance lawyer like our team at The Kalka Law Group can help you sort out what is speculative from what is possible – and determine if moving forward is in your best interest.

What Do Georgia Bad Faith Insurance Lawyers Do?

When a claim has been denied, information has been withheld, or the value of the claim has been misrepresented by the insurance company and in contradiction to what a policy may say, our bad faith insurance lawyers can help hold that insurance company accountable. We will investigate the insurance company’s actions, assess the claim’s validity, and determine if there’s evidence of bad faith behavior.

Here’s what our bad faith insurance lawyers typically do on your behalf:

  • Investigates the claim: We will thoroughly review the insurance policy, claim documentation, and any communication between the insured and the insurance company.
  • Identifies bad faith practices: We will look for evidence of unreasonable claim denials, delays in claim payments, unfair settlement offers, or failure to properly investigate the claim.
  • Provides legal advice: We can then explain your rights and options, including the possibility of filing a lawsuit against the insurance company.
  • Negotiates with the insurance company: If appropriate, we may attempt to negotiate a fair settlement with the insurance company on your behalf.
  • Represents the insured in court: If negotiations fail, our lawyers may then file a lawsuit against the insurance company and we will represent you in court.

It’s important to note that not all insurance disputes constitute bad faith. Sometimes, disagreements arise due to genuine policy interpretation issues or lack of sufficient evidence. A bad faith insurance lawyer can help you determine whether your situation involves bad faith or a more straightforward dispute.

Here’s How An Atlanta Bad Faith Insurance Lawyer Proves Your Case

Understanding how to prove bad faith is crucial for those seeking justice and compensation. These steps outline the key strategies employed by experienced attorneys to establish bad faith and hold insurance companies accountable:

  • Unreasonable denial of claims: Our lawyers will work to gather evidence that shows the insurance company denied a valid claim without a reasonable basis. This might involve demonstrating that the claim clearly fell within the policy’s coverage or that the insurer failed to conduct a thorough investigation.
  • Delaying claim payments: We can investigate timelines and may prove that the insurance company unreasonably delayed paying a valid claim. This could involve showing that the insurer failed to process the claim in a timely manner or that they requested unnecessary documentation.
  • Failing to investigate claims fairly: Our team will review documentation and demonstrate that the insurance company failed to conduct a fair and thorough investigation of the claim. This might involve showing that the insurer ignored relevant evidence or failed to interview key witnesses.
  • Offering inadequate settlement offers: The lawyer can investigate the breadth of the case, damages, injuries, loss of work, and look at similar cases to show that the insurance company made unreasonably low settlement offers.
  • Misrepresenting policy terms: We will review the policy and may be able to point out that the insurance company misrepresented the terms of the policy to the insured. This might involve showing that the insurer made false or misleading statements about the policy’s coverage or exclusions.

In addition to the above, our team may also need to prove that the insurance company acted with malice or reckless disregard for the insured’s rights. This can be difficult to do, but it may be necessary to recover punitive damages. It’s important to note that proving bad faith can be challenging. Our lawyers will need to gather enough evidence to support their claims and present a compelling case to the insurance company to prove bad faith, and if that fails, evidence that will show the same during a trial or mediation.

Do Our Bad Faith Lawyers Take Cases to Mediation in Atlanta, GA?

Yes, bad faith cases in Georgia can go to mediation. In fact, mediation is often preferable as a way to resolve disputes outside of court. It can be a more efficient and cost-effective process than going to trial.

Mediation involves a neutral third-party who helps the parties reach a mutually agreeable settlement. In a bad faith case, the mediator can help the parties understand each other’s positions and explore potential solutions. While mediation is not mandatory in Georgia, it is often a good option to consider before proceeding to trial. Our team of experienced bad faith attorneys will review all the options and advise whether mediation might be a good fit for your case.

What Are Three Ways In Which An Insurer Can Be Liable For Bad Faith?

Bad faith must be proven by the party that brings the case against the insurance company. There are a few main factors that lend themselves to a good bad faith claim offensive, here are the top 3 ways that an insurer may be found liable for bad faith, if the circumstances are proven by the plaintiff in the case:

  1. Unreasonable denial of claims: If an insurance company denies a valid claim without a reasonable basis, they may be liable for bad faith. This could involve denying coverage for a claim that is clearly covered under the policy or failing to conduct a thorough investigation of the claim.
  2. Delaying claim payments: An insurer may be liable for bad faith if they unreasonably delay paying a valid claim. This could involve failing to process the claim in a timely manner or requesting unnecessary documentation.
  3. Failing to investigate claims fairly: If an insurance company fails to conduct a fair and thorough investigation of a claim, they may be liable for bad faith. This could involve ignoring relevant evidence or failing to interview key witnesses.

It’s important to note that these are just a few examples of bad faith behavior. There are many other ways in which an insurer could be liable for bad faith. If you believe that your insurance company has acted in bad faith, you should consult with an attorney.

Bad Faith Insurance Claim Examples in Georgia

Imagine you’re involved in a car accident that is clearly the other driver’s fault. Your car is totaled, and you sustain significant injuries. You file a claim with your insurance company as well as the at-fault driver’s insurance company. The at-fault driver’s insurance company fails to cover the accident, even though the insured’s policy was active at the time, and fault was assigned to the at-fault party by law enforcement and is obvious via investigation. This could be an example of a bad faith insurance case.

If you tripped and fell inside a business and sustained a shoulder injury, filed a claim with the property owner’s insurance company, and they delayed processing your claim for months, even though you’ve provided everything they asked for in a reasonable amount of time, they could be guilty of bad faith.

A very simple example of a bad-faith action is denial of a rental car when yours is being repaired for a covered claim, even though your policy states you have rental car coverage should your vehicle be damaged and not driveable.

Suppose you believe your insurance company has acted in bad faith. In that case, it’s important to consult with one of our expert car insurance lawyers at Kalka Law Group attorneys, who specialize in insurance bad faith cases. We can help you assess your situation and determine your legal options.

What Are Common Law Bad Faith Damages in Georgia?

Common law bad faith damages refer to the legal options available to an insured person when an insurance company breaches the “implied covenant of good faith and fair dealing.” The specific damages available in a common law bad faith claim will depend on the facts of the case and the laws of the jurisdiction where the claim is filed. Georgia has a specific statute governing bad faith claims against insurance companies, O.C.G.A. § 33-4-6. This statute outlines the circumstances under which an insurer can be held liable for bad faith and the damages that may be awarded.

Key points about Georgia’s bad faith law include:

  • Strict Requirements: To establish bad faith, the insured must prove that the insurer’s refusal to pay the claim was both “frivolous and unfounded.” This is a high standard that requires clear evidence of the insurer’s bad faith conduct.
  • Limited Damages: If bad faith is proven, the insurer’s liability is limited to:
  • 50% of the liability for the loss or $5,000, whichever is greater.
  • Attorney’s Fees: The insured may also recover reasonable attorney’s fees for prosecuting the bad faith claim.

It’s important to note that while Georgia law provides a specific remedy for bad faith, it can still be challenging to prove such claims. Consulting with our attorneys experienced in Georgia insurance law can help you understand your rights and options.

What Is The Statute of Limitations For Bad Faith In Georgia?

Georgia’s statute of limitations for bad faith insurance claims is generally six years.

This means that you typically have six years from the date of the insurance company’s bad faith action to file a lawsuit. It’s important to note that there may be exceptions to this rule, depending on the circumstances of your case. For example, if you were unaware of the insurance company’s bad faith conduct until a later date, the running of the time period within which a lawsuit must be filed may be paused (called “tolling”) until the point at which you discovered the wrongdoing.

Why Choose The Kalka Law Group As Your Atlanta Bad Faith Insurance Lawyers?

Our team boasts over three decades of combined legal experience, earning numerous accolades and recognition for our expertise. What sets us apart?

  • Insider’s Perspective: Our attorneys have firsthand experience working for insurance companies, giving us a unique advantage in understanding their tactics and strategies.
  • Proven Track Record: We’ve secured millions in settlements for our clients, demonstrating our commitment to achieving optimal results.
  • Industry Recognition: Our attorneys have been consistently recognized by leading legal organizations, including being named to the National Trial Lawyers’ “Top 40 under 40” and Georgia Super Lawyers.
  • Client-Centric Approach: We prioritize our clients’ needs and provide personalized attention to every case.

If you suspect your insurance company has acted in bad faith, don’t hesitate to seek legal counsel. The Kalka Law Group has experienced attorneys who specialize in insurance bad faith claims. We can help you understand your rights, evaluate your case, and pursue the compensation you deserve. Don’t let an insurance company take advantage of you. Contact us today for a free consultation.

By contacting The Kalka Law Group today (24/7), you can rest easy knowing that your initial consultation is free. You have nothing to lose by calling now and scheduling an appointment at (404) 529-9371 or by emailing us!

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