Insurance says "NO"

[2bits]

What is the name of your state? Idaho
My son hit a cow in the road. The cow and my husband's toyota did not survive. My son sustained no injuries. After extensive research on my part we were able to prove that it was not open range. I submitted a claim to the ranchers insurance company along with all the info and maps showing it was not in open range. The adjuster for their insurance says that they will not pay the claim because of a similar case that ruled in favor of the owner of the cow. The case he refers to happened in open range, not in herd district as my son's accident did. Can we be awarded damages for bad faith?
Thanks, 2bits

[jcook7066]

no. bad faith is only between an insurance company and their policyholders.
it sounds like you are well informed about your situation. I'm assuming you have hired an attorney - hopefully one who has experience with open range law and who isn't afraid to file suit. good luck

[2bits]

Thanks for the info on bad faith. That was suggested by a friend. If we hire an attorney and win will the ranchers insurance have to pay for our attorney fees and court cost? We are hoping to get around $4500. for the vehicle, but after reading some of these post looks like we'll be lucky to ge $500. Subtract attorney fees from that and we're left with no money and no vehicle.
Thanks again for your help,
2bits

[divgradcurl]

What does your insurance company say about all of this?

[2bits]

Unfortunately, I had taken full coverage off at the beginning of the year, so we just had liability on the pickup. As a result our insurance is not actively involved. I sent the same information to my insurance as I sent to the ranchers insurance, after the rancher put in a claim to our insurance for the loss of his cow. The adjuster for our insurance says that she doesn’t understand why they are saying no.
2bits