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Insurance Bad faith/do I need a lawyer? Help!!!

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T

tg2001

Guest
Insurance "bad faith"/do I need a lawyer? help!

I am in California. I was in a very minor accident in October (I rear-ended someone). There
were no injuries and minor damages to the vehicles. I gave a statement
and thought it was cleared up, and I was given a point by my insurance.
I have been driving for 17 years and with them for about 10. This was
my first accident ever. A few days ago I received my renewal info. The
rate increased considerably. I called to find out why. My insurance
claims that a claim was made for an injury in the accident. I was taken
off of good drivers' status, given 2 points on my "record" and billed
for a much higher amount. I was never notified of any claims for injury
or asked to make any statements after this "claim" came in. It was
seemingly never investigated. Now here's where it gets interesting...

The "claim" by the party I hit is actually not a claim at all. She
mentioned that she had gone to the doctor and just asked them to check
her out, paid her co-pay and that was it. In her initial statement, she
told my insurance company this. She never intended to file a claim for
it, as she insisted to my company she was not injured. In fact, she
hasn't even filed any paperwork or any doctor's bills, leaving this in a
"pending" state. My insurance company told me they will pay this bill
when it comes in because it is a "soft tissue" injury and they can't
prove she isnt hurt by it, and because of this (a $10 co-pay?!?!) I have
been given two points, charged a huge increase on my policy, etc. It
seems to me that by paying her doctor bill, they, in effect, make about
$1800 off of me. Here's where the situation worsens and, I believe, the
fraud comes in... I spoke to the lady I hit and she told them she wasn't
going to file anything because she is not injured at all. Furthermore,
she claims they have been hassling her to settle this and she has told
them she doesnt want to make a claim! They told her she needs to file
it as a "bodily injury claim" but she says she is not hurt and tried to
explain that to them. Still, they want her to do it. The ability to
make a claim expires in October and they are pursuing her to do it. It
seems to me like my company is looking to make alot of money off of me
by paying a tiny claim and turning around and ruining my record and
forcing me to pay exorbitant "bad driver" fees. Can you help? By the
way, the lady I hit is willing to verify all of this. Do I have a case?

[Edited by tg2001 on 07-03-2001 at 04:52 PM]
 


ALawyer

Senior Member
Unless this is a clear pattern, and it may be, you don't seem to have a case -- certainly none that a lawyer would take on a contingency and I doubt you want to pay $300 per hour for the lawyer's time to handle it otherwise.

Perhaps you should discuss this high pricing with the state insurance department. But the very fact that you caused an accident makes it more likely you'll have another and thus are a worse risk that they thought you were.

I am not sure why the claims examiner is pressuring the woman to file a claim, unless they fear if a lawyer got hold of it it might become a LARGER case than it is now.
 

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