Understanding Your Rights After an Insurance Company Refuses to Pay Your Claim: Bad Faith Insurance

There are many possible ways that you may suffer serious personal injuries after an accident. Personal Injuries can include a slip and fall or trip and fall, dog bite, motor vehicle accident, trucking wreck, or another type of accident caused by the reckless, careless, or outright negligent conduct of another person or business.

Fortunately, most victims who are injured in a personal injury action will be entitled to make a claim against the defendant’s insurance carrier. Most times, that insurance carrier honors their legal obligations to timely and fairly pay out a valid claim such as yours. However, our personal injury lawyers in Watertown, South Dakota, know that this does not always happen and is known as bad faith insurance.

Unfortunately, some insurance adjusters take an untenable position against your claim, either undermining your damages, shifting partial claim to you, or outright denying an otherwise valid claim. Sometimes this is done in bad faith, or other times this is done by an insurance adjuster who is undertrained, inexperienced, or who simply does not understand your claim and denies it.

If you or a loved one were seriously injured in a personal injury accident and an insurance company is refusing to pay your claim, call the Turbak Law Office, P.C. to schedule a FREE consultation to learn more about your rights to compensation under South Dakota law.

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Can I Take Legal Action When an Insurance Company Refuses to Pay My Claim?

Generally, yes, if an insurance company refuses to pay your claim, you are entitled to seek your legal remedies in court.

When the Insurance Company Simply Disagrees With Your Claim or Valuation

While insurance companies are obligated to act in good faith, that does not mean that they have to pay out every claim. They may have a good-faith basis for denying your claim or offering you a lower award, such as a comparative fault or a pre-existing injury. These are two common examples that could result in a lower claim award.

In this situation, a court is needed to decide the arguments and evidence before it to determine who is right. This is often done at trial through a “trier of fact,” which is a judge or a jury that sits to hear the evidence and decide a claim against the law. Thus, in this situation, you would be commencing an action against the insured party, which could be the homeowner or property owner in a slip and fall or trip and fall, or the other driver or vehicle owner in a motor vehicle accident.

When the Insurance Company Makes Careless, Reckless, or Outright Bad Faith Arguments

While most insurance companies properly handle claims, sometimes, an insurance company does not operate in good faith but engages in conduct that is in bad faith. Sometimes an insurance adjuster is either making intentional arguments or taking intentional actions to use against you as a war of attrition to get you to accept a lower claim. This is an intentional act using the facts and circumstances against you, such as if you are out of work for several months and need to pay your monthly rent or mortgage, but the insurance carrier is offering you much less compensation than you truly deserve hoping you would just accept that lower amount to pay your immediate bills.

Other times an insurance adjuster is simply not well-trained and is making basic mistakes that violate statutory and regulatory law, meaning that an insurance adjuster is committing careless errors. These careless errors can result in a loss of time or money for a personal injury victim, often adding frustration and financial harm. In these situations, an injured victim may be entitled to commence an action against both the defendant but also against the insurance company for operating in bad faith.

Were You Injured in an Accident and an Insurance Company Will Not Pay Your Claim? Call Our Experienced Personal Injury lawyers in Watertown, South Dakota for Help.

If you or a loved one were seriously injured in any type of personal injury accident and the insurance carrier is not fairly paying your valid claim, call our experienced car accident lawyers in Watertown, South Dakota, at the Turbak Law Office, P.C. to learn how we can help you. Our bodily injury law firm is dedicated to protecting the rights of victims and their loved ones throughout South Dakota against overly aggressive, negligent, or outright abusive insurance companies. We have a proven track record of success in helping victims of premises liability, motor vehicle accidents, and other types of claims, get the compensation they deserve for their injuries.

To learn more about bad faith insurance and how we can help you, please call 605-886-8361.

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3 years ago I found myself in the unfortunate position of being involved in a car accident. Amidst the chaos and stress, Turbak Law Office became my guiding light, and I am beyond grateful for their exceptional support and dedication throughout the entire process.

From the moment I reached out to Turbak Law Office, their team displayed a level of professionalism and empathy that immediately put me at ease. They listened attentively to my concerns, thoroughly explained the legal proceedings, and outlined a strategy that gave me confidence in the path forward.

What truly sets Turbak Law Office apart is their unwavering commitment to their clients. Throughout the entire duration of my case, they were proactive in keeping me informed, consistently updating me on any developments, and promptly addressing any questions or concerns I had along the way. Their communication was clear, concise, and always delivered with a genuine concern for my well-being.

I cannot recommend Turbak Law Office highly enough. Their dedication, professionalism, and genuine care for their clients make them stand out as a beacon of excellence in the legal field. If you find yourself in need of legal representation, look no further than Turbak Law Office – they are truly the best in the business. Thank you, Dillon Martinez, Seamus Turbak, and the entire Turbak team, for all that you have done for me and my family.

Carlito E.
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There determination and hardwork helped us settle a claim that I thought was going to be impossible. I was told that Turbak is the best and everyone is right! So thankful for their expertise! You guys are amazing!

Jessie B.
Great people, great service!!

Great people, great service!! Always answered any questions right away! Dillon was also an amazing, helpful, kind person. He always had a smile on his face and took a lot of stress off my shoulders. Not once did I leave there feeling unsatisfied! 10/10 🙂

Quinn L.
exceedingly efficient and effective

I cannot thank Turbak Law enough for the time and effort they put in to bring closure to one of the most difficult times I have ever had to deal with. They were exceedingly efficient and effective in bringing a positive result and were able and willing to work around my schedule. Thank you to Seamus and Erika for all the work and support through all.

Tanya H.