What Happens If Your Insurance Company Acts in Bad Faith After an Accident?

What Happens If Your Insurance Company Acts in Bad Faith After an Accident?

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After a serious accident, you count on your insurance company to hold up its end of the deal. You’ve paid your premiums, you’ve followed the rules, and now you need help. But what happens when the insurer delays your claim without explanation, offers you far less than your injuries are worth, or denies your claim without a reasonable basis? That is what’s known as insurance bad faith, and it gives you more options than you might think.

Understanding Colorado car insurance laws is the first step toward protecting yourself when an insurer doesn’t play fair. At Mintz Law Firm, we have spent decades advocating for injured Coloradans and helping them fight back against insurers that put profits ahead of people. Our team understands how these companies operate and knows how to hold them accountable.

What Counts as Insurance Bad Faith?

Insurance companies have a legal duty to handle your claim honestly and in good faith. When they fall short of that standard, they may be acting in bad faith. This doesn’t just mean being unhelpful or slow; it means engaging in conduct that is unreasonable, deceptive, or deliberately harmful to your interests.

Common examples of bad faith behavior include the following actions:

  • An insurer may unreasonably delay investigating or paying a valid claim.
  • They may deny a claim without conducting a fair investigation or without providing a legitimate reason.
  • Some insurers offer settlement amounts so low that no reasonable person would consider them fair compensation.
  • Others misrepresent policy terms to discourage you from pursuing what you’re owed.

Understanding common insurance adjuster tactics can help you recognize when something isn’t right with how your claim is being handled.

Colorado’s Protections Against Bad Faith Insurers

Colorado takes a strong stance when it comes to protecting policyholders. Under Colorado Revised Statutes sections 10-3-1115 and 10-3-1116, insurers are prohibited from unreasonably delaying or denying payment of covered benefits. If an insurer violates this law, you may be entitled to recover the full amount of your covered benefits plus twice that amount in additional damages, along with attorney fees and costs.

Colorado also requires insurers to provide a prompt and clear explanation of how a claim is being decided, based on the policy language, applicable law, and the specific facts of the claim. This duty exists from the moment you file, and failing to meet it can be the foundation of a bad faith case. That level of accountability matters, especially when you are trying to cover medical bills while your claim is still being resolved.

What You Can Do If You Suspect Bad Faith

If you believe your insurer is not acting in good faith, there are concrete steps you can take to protect your claim and your rights. These steps include:

  • Keep detailed records of every communication with your insurer, including dates, times, and what was said.
  • Save all written correspondence, including denial letters and any explanation of benefits documents.
  • Document your injuries, treatment, and expenses consistently throughout the claims process.
  • Request a written explanation if your claim is delayed or denied.
  • Consult a personal injury attorney as soon as possible.

Strong medical documentation is one of the most powerful tools you have, not just for your injury claim, but for demonstrating the true cost of what the insurer refused to pay. The more detailed and consistent your records are, the harder it becomes for an insurer to dispute the value of your claim.

Does Bad Faith Apply to the Other Driver’s Insurance?

Bad faith claims are most commonly brought against your own insurer, but there are circumstances where a third-party insurer’s conduct can also become an issue. If you were injured by another driver and their insurance company engages in deceptive or unreasonable tactics, there may be avenues to pursue that behavior through negotiation or litigation. The specifics depend on the facts of your case, which is why speaking with an attorney early makes a meaningful difference.

Mintz Law Firm Is Ready to Take On Your Bad Faith Insurer

When an insurance company refuses to do right by you, Mintz Law Firm is ready to fight back. Our founder, David J. Mintz, has been representing injured people throughout Colorado and across the country for more than 35 years. Managing attorney Eric C. Staton brings over 15 years of experience helping individuals navigate personal injury and work-related injury claims. Together, our team has the knowledge, resources, and commitment to take on insurers that don’t treat our clients fairly.

You don’t have to face a bad-faith insurer alone. If your claim has been denied without explanation, delayed without reason, or settled for far less than its worth, we want to hear from you. Reach out through our contact form to schedule a free consultation and take the first step toward the compensation you deserve.

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