When Insurance Companies Act in Bad Faith, What are your options?
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- Опубликовано: 30 июн 2020
- Sometimes an insurer fails to uphold its promise to the insured. Sometimes insurance companies prioritize profits and commit deceptive practices where they intentionally misinterpret their own policy language to avoid paying any claims. They also will try to unreasonably delay resolving a claim, make arbitrary demands regarding the incident and your proof of loss. they even resolve to using abusive tactics and some have even gone as far as asking the at fault party to contribute to a settlement. These games are known as a breach of implied duty of good faith and fair dealing. When an insurance company does this, it may give rise to a bad faith lawsuit.
In some but not all jurisdictions, an insurance company owes an absolute duty to their client to settle a reasonably clear claim in which the policyholder is liable within policy limits. For example, lets say someone runs a red light and strikes someone on a bicycle. The cyclist suffers serious injuries and sues the red light runner, making a demand for policy limits of $50,000, even though the actual damages are higher than $50,000. If the insurer wrongfully refuses to make a reasonable settlement offer that is within policy limits that they are responsible for, you have the basis for a bad-faith lawsuit against the insurer.
Here, Attorney Andrew Finklestein explains how these types of cases work and how they arise in injury cases.
damn I wish there was more content like this. I could watch this all day. I dont think enough people talk about how when they look for legal information on youtube they can only find lawyers that provide short 3 to 5 minute videos that are filled with fluff, and make the lawyer seem Di ingenuine and decisive. Total turn off for most people, and I dont think that the lawyers that do this realize that a bunch of people see through the bullshit. Thanks again for being so genuine.
Only issue with bad faith is insurance companies get away with it all the time because lawyers will only take on cases where they get a generous compensation. So insurance screws people daily and lawyers won’t help because the payday isn’t there
Yes
Go after the license. You don't need a lawyer for that to make a complaint against that insurer in your state, you just gotta have the facts. Pull up what other people are saying, express your personal situation with accident reports, witness statements, dashcam footage if applicable. Print out all your emails. Every state in the US has an insurance board. Find your state website and make your complaint against that particular company. But before you do, let the insurance company know what actions you're fixing to take, to give them adequate time to think over your decision to allow them to take care of you. If they refuse, go after their licensing for bad faith and consumer abuse. Or whatever legal jargon you need to say with state codes that they failed to comply to. Where there is a will, theres a way to get justice. You may just need to put some skin in the game.
@@TamaraGraceuntil your state's own board of insurance chairmen are in the pocket$ of the two biggest insurance companies in the state. Literally! Verifiable free public information, look into it and your states insurance committees' chairmen could be in the pockets of the large insurance companies where you are too! I verified it for Michigan
@@TamaraGracethey almost railroad you from the beginning the insurance company said they don't care if you complain. if no lawyer take your case
Then what is to do. When you have pictures to assure you weren't at fault.
@lw2072 act like you have the money to hire one...
Let me start here, I just recently experienced all this, with dashcam footage. Totally not at fault, etc. I sent dashcam footage to our insurer, which we had liability only at the time, and to the at-fault insurer. I also sent the dashcam footage to a few lawyers. Every person except for the at-fault insurance company insurance adjuster, could download and see the dashcam footage. But the insurance adjuster from the at-fault company for some reason couldn't download it. I kept asking her what it would take for her to view it, and she'd gas light me and tell me she just couldn't view it.
Well, I sent her and the insurance company a certified letter detailing our situation and I told her if she didn't want to handle our claim, by all means to pass it along to someone else, otherwise, we're going to district court... She got back with me in five minutes and assigned me to another insurance adjuster and since then, they've given us everything we've asked for, within reason and good faith.... Not trying to take advantage of them but, not letting them take advantage of us either...
My recommendations is, study on this topic. Familiarize yourself on RUclips and call your local lawyers and tell them your situation. If you're not injured, many will still help you with advice. Be kind and respectful though. You catch more flies with honey. Take notes, print out reciepts, emails, build your case and learn the laws. They will not mess with someone who has backbone.
I hope that helps you. God bless!
This is a awesome video! I wanted to hear more case examples. You're the kind of lawyer I would want to represent me. Thank you for sharing.
Love it! I don't give a "F" what you think. Now that's a great attorney. 👍😆😁
Great story I can see your a proficient as a trial lawyer, if I was a juror your ability to articulate with clarity, emphasizing your point with confidence and respect to the court . Seem like lately the dysfunction of courts seem to be keeping pace with breaking down the fabric of our society
I tried to LIKE the video several times throughout the video before remembering I had already liked it 👏🏽 Phenomenal. Thanks for sharing.
Found my way here after reading a story where two sisters were offered $5000 to fix a home that had $100,000 in flood damage. They sued and won 18 million. Generally, I've come to the conclusion that insurance is a racket.
I can best describe this video as "heartwarming". Good work, sir!
I need someone to fight for me like this! I have been through so much with no help... My lawyer has left me in the dark and all alone...
Same here and now I’m screwed, oh no attorney wanted to help me in Texas.
Excellent story Counselor!!! Thank you for sharing!
Excellente explanation!!!! You given me slot to think ABOUT!!! 👍
Thank You, nice to know someone dealing with the Law in aways that respect the Law and know the Law.
This happens more than you think. One insurer actually had a brochure for its employees called "Good Hands; Boxing Gloves" telling their employees to fight even cases where their insured caused the accident, and the injuries are severe. Don't be afraid to fight for what you deserve.
NO 'Good Faith law ' in EU, Law in EU is more protective of insurance than of the victim. Victims in EU have few rights only duties. NO Lawyers do 'no cur, no money' !
You must be referring to State Farm which is the absolute worst and most unethical of all insurance companies. I know because I have dealt with them twice.
@@karimaogden3875 Not State Farm-another company who use "Good Hands" in their marketing...
@@jeffmarionpersonalinjuryla2966 Oh, yeah, I know who you mean! They used to have Dennis Haysbert do their commercials and now they have their "Mayhem" character. Nevertheless, State Farm is a truly despicable company and they get away with a lot. My husband was t-boned by one of their insured at a Walmart parking lot 3 weeks ago and the woman was cited by the cop on the police report with "Failure to Yield Right of Way" and " Inattention" . However, even though there were no injuries, they are stalling and haven't accepted liability and are still " investigating" pending their liability decision". First, they claimed that the policy the woman gave to the cop didn't cover that specific vehicle. Then, a few days later, they said that the policy for that car was new and there had been an administrative error on their part and they would "fix" it which of course they still haven't. Our car was brand new and sustained $5500 worth in damages which I am sure is the reason they are also stalling. We plan on filing a Diminished Value claim after the repairs are completed next week. I know it won't be easy getting them to pay but we won't let that stop us. What bothers me is that we still have to fork out our $500 deductible when we pick up the car from the body shop and we may not get it back for several months assuming they decide to accept liability and since we subrogated to our insurance GEICO, they are also at the mercy of them and whether or not they "choose" to admit liability and get their money back. I know you are an attorney, but it doesn't make sense to me how the law allows them to do this!
@@karimaogden3875 Private companies are businesses that seek profit, which is why some countries in the world have state insurance companies, which are more secure.
Thank you this was very helpful and informative 👍👍
Now this was good ... educated knowledgeable man
Thank you this is a great video!! Coverage B other stucture, bank holding us responsible for total rebuild cost.
You explained that so clearly, I never was lost throughout the whole video; I wish more Lawyers could do that.
I do not know if you answer questions, but if you do, I really appreciate it on this. If your auto insurance gives you your knew quote for the next 6 months and you accept and make the first payment; then when the next payment is due, they send you an email for a payment of $45 more than the stated payments agreed on, and it is this amount for the next 4 months, but the autopay is set for the agreed upon payments. Then you check your account and they have literally changed the payments scheduled amounts to this new payment, what can I, the insured, do regarding this, for this is corruption at the highest level?
Thank you and appreciate your video as well sir.
P.S. Best story ever, I could listen to you for hours. Thanks
Man, I love this lawyer very brilliant lawyer! Now that's justice. As an aspiring attorney myself this is greatness
Thanks for the video and thanks for explaining Bad Faith. Could you make a video on Bad Faith in regard to Homeowners insurance adjuster who under pay storm damage?
Okay, I listened again and this, Mr Finklestein, is not only an insurance story, it's a parable about hanging tough and standing your ground (even with the judge when he wanted to work it out and not sanction the other attorney. )
:-) Just a thought, you might want to option the story for movie rights. 👍😉
@OneOFThese NotLikeTheOther Hollywood? The whole of America and they now want that model for the whole world so they regime change the countries that are need for their golden fleece. Its easy once the leaders are corrupted. Its the ancient Roman model upon which USA is structured.
Good video ,,,,,and a even better story,,,
Going through this now. My insurance refused a settlement offer within my policy limits. Now I'm being sued. I've told both lawyers I've talked to from the firm my insurance company that I will be hiring an attorney to sue the company if there is a judgment against me. In the meantime I've been stressed for the past 6 months with no end in sight. They could have ended this 9 months ago.
Good work
Any updates on what happened?
@@josephmurray5268 They still haven't settled. It hasn't gone to court either.
AMAZING video. Super helpful sir. Thank you.
OMG, this is brilliant. You will not ever know how helpful this video was for me. I have been going through hell with my insurance adjuster and this is a great bit if education in that regard. Thanks for taking time to post this. (Love the story.)
Excellent advice!! I bet he's talking about American Family lol
There are no great attorneys like this anymore!!
I need to sue for bad faith, my husband purchased a accidental death policy, he fell getting out of our shower & developed a huge hematoma as a result of that Fall & bled internally. His death certificate says Accidental Death & scumbag Mutual of Omaha denied the claim after tormenting me & running me around for over a year.. they are scum. I have all of the advertisements for the insurance coverage. It's disturbing & they need to be sued. I need a attorney that practices law in NJ.
My new internet hero. Man....do I have a story to tell as of current. Do you initiate clientele outta state?
My favorite quote@ : 16:20 "I don't give a fuck about what you think". Now that's some valuable youtube learning material!!! Love the realness.
Damnnnnn we need you here in Cleveland Ohio!!!!!
Loved this video truly!
Me too
Thank you for that information , my question is how much money do people sufred from PTSD the insurance company supposed to compasate.
The Insurance Companies only pay if you have a mortgage. If you own your property. Even if you have never had an insurance claim ever, and you have paid for homeowners for over 25 years. They victimized me after already being victimized.
Did you resolve issue with the insurance company?
Awesome video! Thanks you :)
Wow. I loved that story. Could be a movie. Glad everything finally worked out for your client.
.... I am an Insurance Broker and Agency owner since 1977. When my clients are the injured party, and injured plaintiff against another insurance carrier - I do not know of any Law Firm more worthy & tenacious of representing my clients then Finkelstein & Partners Law Firm.
I wish they had Alabama Locations!!! Attorney Andrew Finklestein you are down to earth, my brother could use your help.
I need you. You’re brilliant.
I call your law firm regarding bad faith they denied my case. I trust you
Good story and god bless you
😂 Amazing story.
Thanks 100%.
You a good person.
Yes don't bother with their excuses.
You did what was right.
That's a lot of power you have in your hand.
PLEASE CAN YOU DO A ML. PRACTICE MEDICAL CASE? Even if you don't do them.
I love this!
I called them with my auto accident, I was rear ended and I was told that my car had very little damage, despite having a spinal cord injury they declined my case, my personal opinion is be careful who you hire as an attorney.
sorry to be so offtopic but does someone know of a tool to get back into an instagram account??
I was dumb forgot the password. I love any tricks you can give me!
@Ezekiel Ryder instablaster =)
@Eric Bryan thanks so much for your reply. I found the site thru google and I'm waiting for the hacking stuff now.
Seems to take a while so I will get back to you later with my results.
@Eric Bryan it worked and I finally got access to my account again. Im so happy:D
Thank you so much, you saved my ass :D
@Ezekiel Ryder you are welcome :)
WOW! WOW! WOW! WOW! VERY INTERESTING STORY.
This is the best story on the internet...
Great story thanks 😅
You are a bad ass I love it I need a lawyer like you
God how I would have love it if you represented me, instead of the ????? that I got. Almost 2yrs, about 10 return calls, emails and text in total from my attorney. I last told them back in Sept, I wanted to sue, haven't heard from them. I search to see if I can fire them and do it on my own, and that's how I got to you. Because now, the quack of a doctor that they sent me too, is wanting his money and not getting a return call as well. I got rear ended at a red light stop, and the lady was on the phone search for the location, she was getting to when she hit us, she took full responsibility and her insurance too! Im at a lost?? Thank you for all the information you shared.
I am currently on the same boat
Love it Awesome Job! Bravo Take it to the END..
Insurance companies n their lawyers are was past any negative joke about any other type lawyers out there. Period.
Smart lawyer. I'll hire you quick.
Lula commercial insurance is definitely one of these types of insurance
While traveling in my RV I was in an accident on February 9th 2023
I have had FULL TIME RV INSURANCE with Progressive and reported the accident.
The adjuster was sent out two weeks later after filing the claim to assess damages which were written incorrectly and not thoroughly conducted.
2 weeks later after I was told my policy was under investigation for misrepresentation
My agent from Progressive would not give me any other information. I attempted numerous times to get a hold of my insurance agents supervisor, but never received a response back. I received a letter stating my policy has been terminated due to my not owning an additional vehicle other than my RV.
They say I signed documents that stated this, but I opened the policy up by the phone NEVER SIGNING ANYTHING
They refuse to give me copies of what was so called "signed"
I had a previous RV insured with progressive for three years...aren't they aware after five months or three years that I don't own an additional vehicle? This is completely unfair and I am having a really DIFFICULT TIME finding legal help. ANY RESOURCES ARE SUPER APPRECIATED!!!
UNABLE TO DRIVE I AM STRANDED AND NEED ASSISTANCE AS SOON AS POSSIBLE. THANK YOU
Hello, can you practice law in Utah?
Thanks 😉
This was a good story, but damn people have to wait 4 to 5 years just to get what was rightly theirs... SMH.. I'm going through that right now with a trucking company that smashed in to me and knocked me 50 yards off the road...
I have a jury trial coming up and everything that you just said about having the insured not in their best interest and that the contract is not restricted from following the law can that be said to the jury or is it considered quoting the law
I just ran across this video and it's amazing what's going on out there thank you so much for your contribution there I'm hoping that I'll get some other videos here that will help to steer me in the right direction about a possible bad faith situation against me by Geico
He went all the way .
Thanks Finkelstien&Partners!! Wow !!!, if i had the sort Talent ,Intelligent intelligible Educated Mind like You? Let me Think ? i can't lol. May be i would be the one Every Body Runs To When They need Help. 100.OOO0 Clients With a Visit Balance of 350.00 Per hour. You must have had to remember this like i do about 25 Songs, but your with all the above in problems Conflict Faith Controdiction a Fathom of thinking figuring out thinks and setting them in Perfect Row. Being First case for Judge to Dodge if he wood , did not happen to you. You Gave The Judge The Words He Needed in order To Pursue the Case. Ill listen to this again , but i love it, but dumb as Box of rocks , But A Great Piano Keyboardist Who Plays in an Unusual Key a lot of C/SHARP MINUS MAJOR SEVENTH FLAT. But not a client. lol O.K. If this mayed no Sense to you. What shouldi do if i want to learn Many many things But don't have time. Spare more time. lol
Hello! I have a question please. For example if the deer hit you and it run away after and your a third party insurance. Can you cancel your insurance anytime without any payment or problem in the future? What do you mean by mid term penalty? Thank you and i hope you can help me explaining about this matter
Hey, Would this apply to someone else's insurance towards. When the other party is a fault and your not but they want to blame you by 51%?
Great video! Been dealing with a trader joes worker that smashed a cart into my car and is claiming injury. First started with $7000 in injuries thens $12000 now its at $20000 and still haven’t heard anything from my insurance.
They will postpone things until the status of limitations are reached and they no longer liable to a claim
Blue Cross Blue Shield cancelled my policy the same day I had a coronary CT scan. This is an “”ACA-compliant” plan. This is very bad faith. What are my options?
I am a consumer. The adjuster was in bed with the Repair Network that issues the checks to the contractor and with the contractor. When we call the contractor, the adjuster returns the phone call. The adjuster paid the contractor $50k to reroof a 1340 square ft residential roof. $20k to the contractor to fir out the interior walls. $17k to the contractor for the rough electric. $25k to the Network for overseeing the disbursement of the money. It has taken 2 years and the project is half complete, just the studs are showing. We only signed for 2 payment releases that totaled $50k and the adjuster says there is approx $22k left on the $145k claim and sent us the check to finish because we said we didn't want the contractor back.
Is there any recourse against this adjuster? Who do we call? We can't afford a lawyer.
I was in a car wreck, roughly a little over three years ago. Multiple of the Covid lockdowns happen and I was clipped on the highway run 75 miles an hour hit a guard rail driver door for split five or six times was out of work for five months and dumb. Gary Martin Hays don’t seem to be pulling his weight if you understand what I’m saying.
We have a problem with a turm policy from an insurance company. The problem is, I thought that when the policy lapted, then that was the end of it. I believed if you wanted more insurance, YOU haded to initiate the process your self. Like I said, that endnd of that term periad. However, I have found out that our policy continued with a much larger premiiumm. I thought that when it lapsed, and that the holder of the policy was the only one who could reinitiate a new policy The reason w hy I am posting is to help people know that even though your policy has lapsed, they can continue taking money at a higher lever without your consent. Thanks for hearing me. If possible, please leave a comment on this post Thanks!
Im getting burned for 40k plus limited use of property And it's under disaster assistant.They won't pay a dime
i have TBI and dont understand :(
loved it!
What would I be call if your work insurance take $720 from your paycheck with out your permission? For 7 week, you was not covered for. In you employer won't help you get it back.
great value
I had a long term care insurance defraud me 3 years ago, after $16000 in premiums!!! I am relatively healthy!Can I still go back to retrieve that policy?
If insurance is a contract why is the policy not showing the maximum amount of the insured amount? What is your case citation? Are all judgments in USA signed by judges. It used to happen in UK but they don't do it now. Who paid your costs??
Hello Sir, I was in a small car accident and have full coverage, I am the owner of the car, however Progressive insurance has lied and said I'm not listed on my own policy and refuses to pay. What can I do? Thank you
What happened to the homeowner?? Did they continue their lawsuit against him after paying you $30,000.00?? I would love to know if they dropped their suit against the homeowner. Does anyone know? He said "the whole thing went away" - but did that mean just for him, or also his client (previous client).
Can third party insurer cancel anytime his insurance because it doesnt protect his best interest of his life
Can you help cases from UK?
I agreed to a certain amount of money per month and their system was down and they couldn't send me the ensign documents so after two attempts they still didn't send me the documents. They said because I didn't ensign the documents they raised my quote to 187 dollars a month and that's not what I agreed to and they are telling other auto insurance companies that I owe them 300 dollars when in fact I canceled it when I saw they were going to raise the price. They said that I didn't cancel them but I did the guy I spoke with didn't cancel it after I told him to to,I shouldn't be held accountable for their incompetent employees, after talking with 6 different employees none of them were even on the same page with me or themselves. Now I'm screwed over because of that incompetent employee.I would never pay a high price for liability insurance 62 dollars a month is what I was told then they changed it without my consent. Can I do anything about this?
Someone hit my car totally my car but insurance denied me because their client licenses is revoked or not valid . What does that have to do with me
Subscribed.
My BMW i8 has rebuilt title at the time Jan 5 2021 of the accident and an appraisal of $101,000. The insurance was only worth $50k I requested them to write a check and I auction the car but the adjuster. Claim I take it to a shop for evaluation. I sighed documents at the shop but never authorized the insurance to repair. The insurance sent a check of about $20k to the shop to repair. Come June trying to get my car they told me they will be repairing the vehicle since I signed the documents at drop-off. After repair in December I took the car for state inspection of the recommended BMW certified technician. BMW deemed the vehicle not repaired and all crashed parts were never replaced. Am stuck new appraisal wortg $34,000 and a check for diminished value for $6,000. I cashed out the check yet I don't know what to do.
Can I have a lawyer like you in los angeles
Nice story bro
Awesome
👍👍👍 to you
They all act in bad faith . Unlimited life time benefits pip. Made agreement cut it off next day. Unlimited pip is that. See they appeal and deny .. unreal slime balls
What if you catch your insurance broker company lying about policy prices. I was maybe "accidentally" sent an email from the insurance company stating my car insurance is $132 a month but my broker has been telling me my insurance is $328 a month. For the past 3 YEARS! Is that fraud on their part?
Does that work with medical also
Very Good. Like to see him do a M Practice case.
I had an accident only the bumpers were damage, one year later the person claim 600.000.00 this is legal no ambulance, no para medics, involve, she went home walking, it is very bad, this is scam and very scary situations
That’s what happens when you “Fk around with Finkelstein & find out!” 🙌🏽😄🙌🏽
I have yet to see an insurance company act in good faith
My I wish I could shake your hand and understand exactly what language you were speaking but I fly or see your plans and race, RC cars, letters and numbers on paper just don’t make sense in the world we live in today
Omg where was this when I was dealing with insurance my teenage son was in a serious accident has severe tbi was in a coma almost 4 months and if that was not bad enough the insurance company to this day has not acted in good faith then he was dragged down the road beside a car with his arm rolled up in the window until he passed out ripped the nerve from his spine released from car backed up over his head and drove away left him for dead and not ordered to pay one penny nor future restitution and my son has a terrible future and the driver still has her license I’m sure so disgusting how the courts do whatever they want so do the insurance company s
What happened if the person claiming injury is a fraud, how we discoverd the medical treatment are fake
Great
Your hired ! Good deal and great story !
Never give up
Do you practice in NYC?
????
Same question do you practice in NYC or could recommend another attorney that does practice in NYC. My personal injury attorney made an illegal settlement with an insurance company behind my back and had the nerve to sent me a closing statement on a case that he butchered in one Appalled Court till it was dismissed. Since I didn’t want to let him of the hook and continue asking him of the name of the insurance company that he sent me to for a medical examination that he categorically refused to give me any information, instead he send me a 100% FALSE closing statement that he actually filed with the NY Courts Administration . In the closing statement he falsely stated that the my case that he dragged for 10 years has no court index # that there was no decision on my case - false again and that I had abandoned the $1,000 000 personal on the job accident case that left me in in debilitating suffering 😢and my post injuries are just intensifying….He claims on the fist page of the fictitious closing statement that there was no settlement on my case , yet he paid himself $13,500 legal fees paid from the plaintiff’s part of the settlement ( that being me😢) He also claims that he paid the outstanding medical bills on my behalf also from the plaintiff’s part of the settlement but he did not even bather to attach fictitious itemized list to this paragraph. I asked one of the doctors who O owed some medical if my attorney paid him and he started laughing 😂how naïve I could be , and of course he did not pay this doctor a dime from the settlement that he grabbed all to himself. The saddest part of my case is that I can’t find one attorney in NYC who would help me to sick justice in my case, because the attorney is not only a thief but also a bully and he discouraged all attorneys that would call him regarding my case that he would sue them if they don’t back off from getting involved in his client’s case 😢How outrageous is this while I can hardly make it through a day trying to control the excruciating physical and emotional pain to be betrayed by an corrupted heartless attorney 😢 Please help
What was the insurance company!?
Can you sue a insurance company if they lost your private information to hackers
I found out that Hardford sent my personal info to a third party without my knowledge to devalue my claim.