Is Your Insurance Claim Adjuster Demonstrating Bad Faith?

When you are injured due to the negligence of another, you will find yourself dealing with a handful of people you’ve never spoken to before. You will talk to witnesses, medical professionals, and insurance agents. Another stranger to you will be an insurance claim adjuster. You expect to be treated with respect and dignity, but how do you know this person is really in your corner?

Ideally, negotiations should be fair, but an insurance claim adjuster can find it hard to walk the line when they represent a person or company who is responsible for someone else’s injury or death. At Auger & Auger, we know exactly who we represent and we promise that every effort will be made to bring our clients and their families to fair and just compensation.

An insurance claim adjuster is a representative of an insurance agency. They are tasked with the duty of gathering the facts surrounding the incident. They conduct an investigation of sorts, coordinate appraisals, and report back to their company. The claim adjuster is the one who is going to relay information and statements to the insurance carrier as to whether or not they believe your claim is covered.

Image Credit

Good Faith is What You Deserve  

If you’ve been involved in an accident, you have every right to assume that a claim adjuster will act honestly, thanks to The Doctrine of Utmost Good Faith. This doctrine is a standard of insurance law. In plain language, it says that your insurance agent and the claims adjuster will disclose relevant information and reveal critical details, and behave in an ethical manner.

Your insurance claim adjuster is expected to behave as a neutral party and, no matter their personal feelings should return to their company with facts rather than opinions. Unfortunately, when a person is ‘doing their job,’ things can get a little skewed.

Bad Faith is Improper in South Carolina

If it is discovered that your insurance claim adjuster has been dishonest or unethical you have the right to file a lawsuit. The elements of bad faith vary from state to state. In South Carolina, the law says that you have the absolute right to be treated fairly.

South Carolina Code of Laws Section 38-59-20 details improper claim practices; which define that an insurer is acting improperly when they:

1. Knowingly misrepresent facts;
2. Fail to acknowledge pertinent communications in a reasonable time;
3. Fail to have reasonable standards in place for quick investigations and settlements;
4. Do not act in good faith to settle claims in a prompt, fair, and equitable way;
5. Offer lower settlements based on the probability that the claimant would incur attorney’s fees to recover a reasonable amount;
6. Threaten to revoke the policy to encourage the claimant to accept a lower than reasonable settlement;
7. Delay or failure to settle in full as outlined in policy documents.

Why Believe in Auger & Auger?

The South Carolina firm of Auger & Auger has decades of experience advocating for clients who are not being treated fairly by claims adjusters. We believe that all victims must be treated compassionately and lawfully during the claims process. And we know the impact bad faith behavior can have on you; emotionally and financially.  

You may call us 24/7 at 800-559-5741 for a free case evaluation. We will discuss your incident and make certain your rights are being upheld. As we begin to investigate your case, we want you to know that victims are our only concern and we will always dedicate our efforts toward getting you the compensation you deserve.