Insurance companies often take your premiums but deny claims when it’s time to pay. If your claim is denied, you have the right to fight back. An experienced denied car insurance claim lawyer in Atlanta can help you pursue the compensation you deserve.
At John Foy & Associates, we have over 350 years of combined legal experience. We have recovered more than $1 billion for clients, and we continue to fight for the maximum compensation with every case.
After a car accident, you might face an uphill battle with insurers. Our Atlanta insurance claims lawyers deal with insurance companies to ensure you receive fair compensation. We offer clear legal support throughout the claim process. Contact us for a free consultation to review your case and understand your rights.
Work With Experienced Denied Car Insurance Claim Lawyers
Since 2003, John Foy has been helping people across Georgia fight for the compensation they are owed. Known as The Strong Arm™, he has built a reputation for standing up to insurance companies and handling even the most complex claims. We are also known for providing client-focused care.
Our personal injury lawyer in Atlanta has strong connections throughout Georgia, which allows us to act quickly when your claim is denied. Our auto accident lawyers understand Georgia laws and insurance policies that affect your case and know how to hold insurers accountable for unfair practices.
Denied car accident insurance claims can be complicated, involving policy fine print, dispute procedures, and multiple parties. We review your policy, gather evidence, and fight to ensure your rights are protected. Our focus is on helping you recover the money you are entitled to so you can move forward with confidence.
Cost is also never a factor, as we don’t charge any up-front fees for our service. We only get paid when you do.
Why Your Claim Was Denied
If your insurance carrier denies your claim, it is likely that they have attempted to manipulate the facts of your claim or have attempted to exploit an apparent loophole in your insurance contract to avoid paying you. In both of these circumstances, you could likely have a claim for breach of contract or bad faith.
It is also possible that your claim was denied because your loss allegedly fell within a policy exclusion, which is essentially an exception to your insurance coverage.
Insurance companies will often attempt to argue that your injuries are within these exclusions, even when they are not, and this is the subject of many lawsuits against insurance companies for non-payment.
While it might not feel like it, the insurance law is often on your side. If you feel like you have been treated unfairly by your insurance adjuster, contact an Atlanta car insurance claim attorney to be advised about your best course of action. Get professional legal support to make confident decisions about your claim.
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Insurance Bad Faith Practices
Traditionally, the only remedy that insurance customers had against the shady dealings of their insurance companies was a lawsuit for breach of contract. While these suits, if successful, did force the adjusters to pay the full amount that they were obligated to pay, they did not authorize additional damages.
Essentially, the insurance carrier was incentivized to deny car accident claims whenever possible, since the worst that would happen to them was that they would be later forced to pay the same amount of money as they would have anyway.
That is why Georgia, along with every other state, enacted laws allowing for bad-faith practice claims against insurance companies. These laws disincentivize insurance companies from wrongfully denying claims and have led to an improvement in general insurance practices.
At John Foy & Associates, we bring comprehensive legal experience to your corner. Whether it’s a car accident or another form of personal injury, our attorneys will fight for the justice and compensation you deserve.
What the Insurance Bad Faith Laws Do
Lawsuits for breach of contract, by law, do not permit recovery of any more damages than were actually suffered, which, in the insurance context, is the amount that adjusters are supposed to pay you.
Since the nature of insurance policies places insurance companies in a unique position where contract law does not properly protect people’s interests, insurance bad faith laws were enacted.
Essentially, insurance bad faith laws have two purposes. First, the laws want to clarify and set forth clear rules on the duties and legal obligations of insurance companies. Second, the laws set out to increase the penalty on insurance companies for noncompliance with the law and your policy contract.
Duties and Obligations of Your Insurance Company
Generally speaking, after a motor vehicle accident, your insurer has a duty to do two things: (1) to fairly investigate and decide your claim, and (2) to do this within 60 days of you making the claim. If an auto insurer fails to do either of these things, the denial of your insurance claim is presumed to be in “bad faith.”
Bad faith also means that your insurance provider denied coverage to you in a way that is not reasonable. This standard is shown by showing the court that the insurance company was unreasonably obtuse when interpreting your insurance policy contract, or did not do a full and fair investigation of your claim.
This is a very consumer-friendly standard. For example, in 2021, the Georgia Supreme Court ruled in GEICO v. Whiteside that an insurance company acts in bad faith when it fails to immediately tender the full policy limits on demand when that insurer has had sufficient time to find out whether they were liable.
The law is on your side here; contact a denied car insurance claim lawyer in Atlanta to see if you have a claim. Our auto accident lawyers offer clear and compassionate legal assistance.
Damages Available for Insurance Bad Faith
The other part of the insurance bad faith laws exists to provide increased damages for an insurance provider’s bad faith denial of your claim. Our Atlanta bad faith insurance lawyers will protect your interests and guide you through the legal process.
According to Georgia state law, if you show the court that your insurer acted in bad faith, you are entitled to:
- The full amount of your claim.
- Plus 50% of the full amount of your claim, a minimum of $5,000.
- Plus your attorney’s fees and costs of bringing the lawsuit.
This means, for example, that if your insurance company denied your claim for $25,000, and the court finds that this denial was in bad faith, you would be entitled to up to $37,500 ($25,000 + $12,500) plus your attorney’s fees and costs. These extra damages are often enough to make your claim adjusters think twice before trying to screw you by acting in bad faith.
A skilled Atlanta denied car insurance claim lawyer can convince the court that your insurance company acted unreasonably and get you the highest award possible.
Contact an Atlanta Denied Car Insurance Claim Attorney Today
Even after a seemingly minor auto accident, you could face severe financial repercussions. If your insurance company left you out to dry, you need a denied car insurance claim attorney in Atlanta to help you make them pay. Working with legal professionals increases your chances of a successful outcome.
John Foy has nearly 30 years of experience opposing insurance companies to help regular Georgians just like you. He is not afraid of huge insurance companies and can help you make them pay.
If your insurance provider is acting unreasonably, and you feel like you have been treated badly, contact John Foy & Associates today for a free consultation and case review.
Our personal injury attorneys will make your voice heard and offer strong legal support.
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