by Guest » Wed Jan 30, 2013 06:24 am
I was in an accident in sept of 2012 that wasn't my fault. My ins company denied my claim saying I didn't have PIP coverage. All the doctors and physical therapy places I went don't bill 3rd party and I don't have medical. I could have paid for the treatment if my ins co. Would have used my PIP ins. Not to mention me not being able to pay bills until I got the settlement check when if they used my PIP coverage I would have been able to get my lost wages right away. I had to stop getting treatment because I didn't have medical ins and my ins company said I didn't have PIP coverage. So after settling with the ladies ins company my ins company calls and emails saying oops I made a mistake and you do have PIP. Can I sue for bad faith?
Posted: Wed Jan 30, 2013 07:11 pm Post Subject:
Can I sue for bad faith?
Possibly. What would make more sense at this point, however, would be to make a demand for any expenses -- late payment fees, etc -- that were your out-of-pocket expenses due to not having the PIP funds available at the time.
To prove bad faith, you will have to show intent, which is not likely here. People make mistakes. The mistake you made was not pressing the insurance company when they said you did not have PIP when you believed you did.
On the other hand, if your cessation of medical treatments has resulted in any permanent injury, then you may have a different cause of action against the insurance company.
Posted: Thu Jan 31, 2013 07:12 am Post Subject:
To prove bad faith, you will have to show intent, which is not likely here
. More so, it needs to be shown that the insurance company acted improper. Should the OP's carrier know what coverage the OP is paying for?The insurance had a duty to offer PIP to the OP and they failed to do this. The OP relied on this information and can show that he/she suffered damages as a result of that incorrect information. It sounds to me like this misinformation did not last a day, a few days or even a few weeks. The carrier failed to correct the misinformation over a long period of time.
I's say the OP has a _very good_ bad faith claim. Of course, it probably won't go anywhere unless the OP obtains the service of an attorney. That would be find as punitive damages are very likely.
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