Insurance Claims

If you were injured in a car accident, a slip and fall, or another serious accident, the chances are that you will need to file a claim with an insurance company. This is especially difficult in situations in which the person who caused the accident to occur lacks sufficient coverage to compensate you for your damages. According to Massachusetts law, each insurance policy contains an implied covenant of good faith and fair dealing. This means that an insurer needs to abide by the terms of the policy and respond to claims and related communications in a timely fashion.

If your insurer or the at-fault party’s insurer refuses to adhere to the policy requirements, an insurance attorney at our Boston firm can potentially bring a bad faith claim against the insurer. This essentially means that the insurer is violating the implied covenant of good faith and fair dealing. If it is the at-fault party’s insurer that is refusing to abide by the coverage terms, the at-fault party is technically the party that has standing to assert this claim. That party can assign you the right to pursue compensation from the insurer in exchange for a waiver of pursuing any claims against the at-fault party. If it is your own insurer that is refusing to comply, you have standing to assert this claim. Insurance policies can be complex and often contain intricate terms and interrelated provisions. Having an experienced lawyer on your side can make all of the difference when it comes to ensuring that you receive the full compensation that you deserve.

There are many ways to tell if an insurance company is engaging in bad faith tactics, with which a Boston insurance attorney will be familiar. There are some obvious examples, such as refusing to return emails or phone calls, refusing to accept liability when the evidence is clear, or only providing partial coverage based on a disingenuous interpretation of the policy terms. Insurance companies are often looking to protect their own margins and to maximize the amount of profits that they make. Approving claims often means lower profits for the company, which leads many insurers to try to avoid paying a meritorious claim if at all possible.

A common way that insurers may attempt to avoid paying benefits is disputing the injuries or damages that you suffered. The insurer may try to argue that your injury stems from a pre-existing condition or that some other event after the accident was the direct cause of your injuries. Some policies also have provisions limiting the scope and types of medical treatment that the insurer will reimburse, which often is phrased as reasonable medical treatment directly related to the injury.