Am I being treated unfairly or are they acting in bad faith?

UPDATED: Oct 1, 2022

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Am I being treated unfairly or are they acting in bad faith?

A flat bed for a tow company backed
out in to a busy street and hit the
entire passenger side of my car
totaled it there is a police report
in my favor and a non affiliated
witness.. But the other insurance
company is denyingy claim because
the driver says he didn’t back up..

Asked on October 9, 2017 under Accident Law, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are being treated unfairly because there is a police report and witness.
It may be difficult to prove bad faith against the insurance company at this point because unfortunately the company is siding with its insured who is lying.
Your recourse is to sue the at-fault party (tow company and driver) for negligence. You would file one lawsuit naming both of them as defendants.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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