Insurance Law Attorney
in Lone Tree, Colorado

Determining Fault in an Accident

Colorado is a “fault” state. This means that the person responsible for a traffic crash (the “at-fault” party) will bear liability for any injury or property damages suffered by any accident victims. The available options to seek damages include:

• Filing a claim with your own insurance company
• Filing a third-party claim with the insurance provider of the at-fault party
• Filing a personal injury lawsuit against the at-fault party

Disputes with Insurance Companies

An insurance dispute usually arises when the insurance provider and the policyholder disagree about the terms or amount of an injury settlement. The insurance carrier may deny your claims outright, offer you a low initial settlement offer, or delay payout without any reasonable explanation.

Common Bad Faith Practices

Insurance bad faith refers to the failure of an insurance provider to fulfill its responsibility to process an injury claim in good faith and with fairness and honesty. Some common bad faith practices include:

• Lowball first offer
• Denying valid claims without a valid reason
• Long payout delays without any valid explanation
• Failure to conduct a detailed investigation
• Refusing to pay a valid claim
• Making threatening statements
• Misrepresentation of the law
• Offering considerably less money than the true worth of a claim
• Using unfair practices or hiding relevant information
• Misrepresenting relevant facts

Filing a Claim

A Colorado bad faith insurance claim usually consists of two parts. In the first part, the plaintiff demands fair compensation for the actual amount they should have received under their insurance policy. In the second part, the plaintiff makes additional claims for the insurance company’s bad faith actions in underpaying or unreasonably denying the injury claim.

Unfair Claims Settlement Practices Act

According to Colorado Revised Statute 10-3-1104 (1)(h), committing or performing, either in willful violation or with such frequency as to indicate a tendency to engage in general business practices, can be any of the following:

• Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue
• Failing to acknowledge and act promptly upon communications with respect to claims arising under insurance policies
• Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies
• Refusing to pay claims without conducting a reasonable investigation based upon all available information
• Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed
• Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear
• Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds
• Attempting to settle a claim for less than the amount to which a reasonable person would have believed they were entitled to
• Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of, the insured
• Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which the payments are being made
• Excluding medical benefits under health care coverage
• Failing to adopt and implement reasonable standards for the prompt resolution of medical payment claims

Work With an Experienced Attorney

Dealing with an insurer following a traffic accident can be difficult and overwhelming. If the insurance provider has denied your personal injury claim or if you believe that they are negotiating unfairly or using bad faith tactics, you can have legal counsel handle all communications and negotiations on your behalf. Hiring a knowledgeable Colorado personal injury attorney is crucial to protect your rights and for detailed guidance.

At Landry Law, P.C., our attorneys have devoted their careers to handling legal matters of insurance law, including denied claims and bad faith tactics. As your legal counsel, we will review the circumstances surrounding your case and conduct a thorough investigation into the insurance company’s conduct. Using our extensive experience and comprehensive knowledge of Colorado insurance law, we will negotiate with the insurer and attempt to recover fair compensation for your injuries and damages.