Dedicated Attorneys Assisting Injured Individuals in Colorado Springs
When you have been involved in an accident that was not your fault, and your insurance company refuses to compensate you or your family, it may be wise to take legal action. Insurers may attempt to intimidate you or claim that they cannot offer you money. Nevertheless, you should not have to suffer the consequences of the insurance company’s poor or bad faith behavior. At Gasper Law Group, our knowledgeable injury lawyers are skilled in handling disputes with insurance companies. We are committed to protecting the rights of individuals in Colorado Springs and other Southern Colorado areas.
Establishing Liability in an Insurance Bad-Faith Dispute
Insurance is intended to help people recover from accidents. All too often, however, insurers fail to fulfill their legal obligations by wrongfully delaying or limiting payment, or refusing to pay entirely when a crisis arises. Unfortunately, some insurance companies may attempt to use any possible means to avoid adequately compensating injury victims, preferring instead to protect their profit margins. When this occurs, however, there may be legal remedies.
Colorado law requires insurance companies to act in good faith when resolving claims. This duty requires the companies to do several things in the process of handling a claim. For example, they must promptly and thoroughly investigate the claim, promptly pay it if it is valid, keep regular communication with the insured person regarding the status of the claim, promptly pay any undisputed portion of the claim in some circumstances, and provide a timely and reasonable explanation of any claim of denial or offer to compromise the settlement. If your insurer fails to perform any of these duties, you may have a bad faith claim against it, which is separate and in addition to your original claim.
If you believe that your insurer violated the Colorado laws governing the insurance industry, you may have a number of viable claims. Since an insurance policy is a legally binding contract, you may have a case for breach of contract. You may also have a claim for a breach of fiduciary duty, which occurs when an entity assumes responsibility to act in your best interests with respect to obtaining insurance coverage and fails to act in good faith for your benefit. Depending on your situation, you may have claims for negligence, bad faith, and violations of the Colorado Consumer Protection Act, other provisions of Colorado law, and any applicable insurance regulations.
If you succeed in showing that your insurance company has acted in bad faith, you may be able to recover up to three times the amount of insurance benefits originally owed to you. You may also be eligible to recover the original benefits, attorneys’ fees, the costs of filing the lawsuit, and punitive damages. These are awarded in addition to compensatory damages and are intended to punish the insurance company for wrongful behavior that is especially egregious, so that it and other similarly situated insurers refrain from such conduct in the future.
Contact an El Paso County Lawyer After a Serious Accident
If you have been injured by someone else’s carelessness in El Paso County or the surrounding area, the skilled accident attorneys at Gasper Law Group are here to help you assert your rights against an insurance company that fails to act in good faith. We know the intricacies of the law and can help you navigate the difficult task of pursuing compensation from an irresponsible or dishonest insurance company. To schedule a FREE consultation with one of our attorneys, call (719) 227-7779 or complete our online form. We have assisted clients from Canon City, Pueblo, and other communities across Fremont and Pueblo Counties.
- Uninsured Motorist Benefits