What to do about a possible “bad faith” case against my insurance company?

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What to do about a possible “bad faith” case against my insurance company?

I recently moved out of state and had my car shipped from where it was located temporarily at a relative’s house. When it arrived to me my stereo was stolen, car vandalized and major water/flood damage. The insurance company paid for the stolen items, some of the vandalism damage, but refuse to pay for the loss of my car due to water damage. The claim rep only paid $329 out of $1951 estimate from their own adjuster. The insurance adjuster stated to me it should be declared a total loss, but the claim’s rep refuses even though I have provided 49 pictures and a statement from a water damage expert.

Asked on May 30, 2013 under Insurance Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

An insurance policy is a contract. If you believe the insurer is not honoring its obligations as per the policy, you can sue the insurer for the extra money, based on breach of contract and/or breach of the implied covenant of good faith and fair dealing (the obligation, added by law to all contracts, that the parties deal with each other in good faith). For amounts less than the maximum limit of your small claims court, you  are probably best off filing your claim in small claims court, acting as your own attorney. Good luck.


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