Bronx Bad Faith Insurance Lawyer

Has your claim for insurance benefits been denied without reason in the Bronx, NY? Has the insurance company dragged out the claims process or refused to consider your claim in good faith? Don’t let their bad-faith actions stand between you and the compensation you need and deserve.

Call Oresky & Associates, PLLC, and discover how our Bronx bad faith insurance lawyers can help you fight for accountability.

Since 1992, our award-winning New York trial attorneys have thorns in the side of powerful insurance companies in the Bronx and across all five boroughs.

When our clients aren’t treated fairly, we stand up and make sure that their voices are heard and that the insurers take their cases seriously.

We’ve won over $400 million for our clients in the process.

Don’t let the insurance company get away with its manipulative tactics. Force them to fight fairly by putting our top-rated litigators on the case. Contact our law office in the Bronx, New York, at (718) 993-9999  to get started. Your first consultation is free, so contact us today.

How Oresky & Associates, LLC Can Help With Your Bad Faith Action in the Bronx, NY

How can you be certain that the insurance company acted in bad faith? What kind of evidence will you need to make your case? What happens if they refuse to change course and negotiate fairly?

These are all important things to consider when you’re dealing with the bad faith actions of a New York insurance company. The good news is that you don’t have to find the answers on your own.

In fact, our Bronx personal injury lawyers are ready to take on your case and fight your battle for you.

We have decades of experience dealing with the underhanded, manipulative, and downright deceitful tactics of area insurance companies. When our clients are aggrieved, we fight back and show the insurers that they’re not above the law.

Our team will work tirelessly to secure the best possible results in your bad faith action as we:

• Investigate the insurance company’s practices, policies, and procedures
• Gather evidence that can be used to prove the insurance company engaged in unlawful bad faith practices
• Work with former insurance industry professionals, financial specialists, and other experts as we build and value your claim
• Handle settlement negotiations with the insurance company, and
• Prepare to argue your case at trial, if necessary

At Oresky & Associates, LLC, we’re here to make sure that you have every opportunity to get the compensation you deserve. We’ll do everything we can to keep the insurance company from standing in the way of that. Our law firm works on contingency, so there’s no cost to hire our bad faith lawyers in the Bronx unless we win or settle your case. Call our law office to learn more today.

What Is Bad Faith Insurance?

When you buy an insurance policy, you enter into a contractual agreement with an insurance carrier. You pay the company in exchange for benefits in the event of an accident or catastrophe.

Under this contract, you and the insurance company are bound by a legal obligation to engage in good faith and fair dealings.

Simply put, you both have to keep up your end of the bargain. You pay your premiums and submit legitimate claims. The insurance company considers all submitted claims fairly and agrees to pay up when appropriate.

Unfortunately, insurance companies know they have the upper hand in these relationships. After all, they’ve essentially created the claims process through which you must go to recover benefits. They have way more resources and are often well-represented by skilled insurance adjusters and defense attorneys.

So, sometimes insurance companies use this position of power to manipulate the system and prioritize their own financial interests over the rights of their claimants. This is known as bad faith and usually results in benefits being wrongfully withheld, delayed, or denied.

Examples of Bad Faith Insurance Tactics

Some common examples of bad faith insurance practices include:

• Denying a claim for insurance benefits without a legitimate reason or justification
• Refusing to consider a claim that’s submitted within a reasonable timeframe
• Failure to promptly investigate and assess a claim
• Changing the terms of an insurance policy after a claim is received
• Misrepresenting the terms of an insurance policy
• Making threatening or misleading statements
• Refusing to pay a valid claim for benefits
• Offering less money than a claim for benefits is worth
• Delaying the claims process without justification or cause
• Failing to communicate with the claimant
• Making unreasonable demands for specific documents or information that are irrelevant or unrelated to the claim
• Failing to issue timely payment

Ultimately, an insurance company’s actions may be considered in bad faith if they delay or deny the payment of benefits without a reasonable or appropriate justification. Similarly, an insurer may be considered to have acted in bad faith if they attempt to bully, manipulate, or scare a claimant into dropping their claim or accepting a settlement for less than their claim is worth.

When Can an Insurance Company Deny a Claim for Benefits?

Sometimes, an insurance company will deny a claim or extend the length of the claims process that isn’t done in bad faith.

For instance, an insurance company may deny a claim if:

• The policy has lapsed (premiums haven’t been paid)
• The amount sought is less than the policyholder’s deductible
• The claimant is not covered by the policy
• The type of injury for which benefits are sought is not covered under the policy
• Damages sought exceed the limits of the insurance policy

An insurance company might also have reason to deny or delay the payment of a claim if there’s an issue regarding liability or if it needs additional time to complete a thorough investigation of an accident.

What Should I Do If I Think My Bronx Insurance Company Has Acted in Bad Faith?

If your insurance claim has been denied or if you suspect that the insurance company has engaged in bad faith practices, it’s important to speak with an experienced bad faith insurance attorney near you in the Bronx immediately.

You’re most likely looking at a claim for breach of contract, with the potential for punitive damages if the insurer engaged in gross or morally reprehensible conduct.

Your lawyer can carefully investigate how your claim for benefits has been handled, identify potential bad faith actions, and gather evidence to support a compelling claim for breach of contract.

Since bad faith actions are typically matters of breach of contract in the Bronx, New York, you’ll typically be able to recover benefits sought under the initial claim for benefits.

Can I Bring a Bad Faith Action If Someone Else’s Insurance Company Acts in Bad Faith?

Yes, as long as the insurance policy is valid and you have the right to receive benefits under its terms.

For instance, let’s say you’re hurt in a slip and fall accident at a grocery store in the Bronx. You could file a claim with the grocery store’s insurance carrier and seek benefits from their commercial insurance policy. The insurance company is still under an obligation to consider the claim in good faith even though you’re not the policyholder. Bad faith actions are still prohibited under the terms of the contract, and you have the right to take legal action if their unreasonable or unlawful actions are harmful to you.

What’s the Statute of Limitations for New York Bad Faith Lawsuits?

Since bad faith actions are a matter of breach of contract in New York, you’ll have six years from the date of the breach to file a lawsuit against the provider.

Do not let the statute of limitations expire before you assert your rights and showcase the insurance company’s bad faith actions. Once the deadline expires, you’ll give up the right to demand accountability and receive the benefits to which you’re contractually entitled.

Protect your rights by reaching out to our bad faith attorneys in the Bronx, NY, as soon as you suspect that the insurance company has acted in bad faith.

Schedule a Free Consultation With a Bronx Bad Faith Insurance Lawyer

New legislation aims to offer better protections to consumers and insurance claimants in New York. Until then, you’re limited to an action for breach of contract. Still, this can help you force the insurance company to play fairly and pay the compensation you need and deserve after a devastating accident in the Bronx.

If the insurance company’s conduct was particularly reprehensible, our Bronx bad faith insurance attorneys can help you fight to recover punitive damages above and beyond what you’re entitled to receive in the initial claim, too.

Put a team with 30+ years of experience that’s won over $400 million in damages in your corner. Call Oresky & Associates, LLC’s Bronx, NY law office to get started. Your first consultation is free, so get in touch with a member of our skilled legal team today.