Albuquerque Insurance Bad Faith Attorney

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Albuquerque Insurance Bad Faith Lawyer

Insurance is supposed to be there when you really need it. For years, in many cases, you have paid money that is supposed to protect you if you have a car accident, a house fire, or some other unexpected and costly event.

When one of those things finally happens, you expect to get the full amount that you’re supposed to in a timely fashion. When that doesn’t end up happening, it can be infuriating. Fortunately, Albuquerque insurance bad faith attorneys can help you get what you’re owed from the insurance companies.

Insurance companies don’t like to give away profits. As a result, they occasionally behave in suspect ways to avoid paying out everything that they owe on a policy. When this happens, you have a legal avenue to collect what you’re owed. After all, you spent years paying your full rate on time. The process, though, requires a thorough understanding of insurance policies and the laws involved.

When you work with Berenson & Associates, PC, you have a team that understands both and is ready to represent you to get everything you’re owed.

What Is Bad Faith in Insurance?

New Mexico tort law holds insurance companies to specific standards regarding how they handle claims made on policies. Anything that doesn’t reach these standards is considered acting in bad faith. These laws allow policyholders to file a claim within four years if they believe that the insurance company is acting in bad faith. Some of the things that may be considered acting in bad faith include:

  • Requiring Excessive Forms – An insurance company may require policyholders to fill out and file far more forms than are reasonably needed. This can serve as both a stalling maneuver and a way to trip someone up into accidentally filing something that may prevent them from collecting on their policy
  • Requesting Multiples of the Same Information – Similar to requiring excessive forms, another common stalling tactic is asking a policyholder to provide the same basic information repeatedly.
  • Delays in Response – To avoid paying what they owe in a timely fashion, insurance companies may take an unnecessary and unreasonable amount of time to respond to you.
  • Denying Coverage in a Policy – Sometimes, an insurance company may claim that something is not covered by the policy when it is, in fact, covered.
  • Insufficient Payment – There are times when an insurance company may make a payment to you but not the full amount that you are due.

What Can Be Recovered in a Bad Faith Claim?

Winning a bad faith claim in Albuquerque, NM means that you will be compensated by the insurance company. The exact nature of the compensation will depend on your situation. Some of the things that could be paid include:

  • Any money that was not paid out on your insurance claim in a timely manner and is overdue can be claimed for.
  • Attorney’s fees on the case can be covered by the insurance company.
  • Often, there is emotional distress that comes with a bad faith insurance situation because you didn’t get the money that you need. That emotional distress may be compensated.
  • In some cases, where the behavior of the insurance company is particularly egregious, you may be awarded punitive damages.
  • Any other economic losses that occurred as a result of the insurance company’s bad-faith actions can be covered.

How Can a Lawyer Help When Insurance Has Acted in Bad Faith?

Working with a bad-faith insurance lawyer can be a tremendous benefit to your case. We are responsible for a number of different things that may help you get the money you are owed sooner.

We investigate your case by looking at anything that’s relevant. In particular, we can closely study your policy. We look for anything that demonstrates that you are owed money on the claim you filed.

Our attorneys can represent you through the legal process. This can include negotiating with the insurance company. When a lawyer represents you in these negotiations, it makes an implicit, credible threat of possible legal action.

This could lead to a greater willingness to negotiate and get you the money that you’ve been waiting for. However, if a settlement simply can’t be found, then we can represent you and make your case in court.

Things to Look For in an Insurance Bad Faith Attorney

When deciding who should represent you in a bad-faith insurance claim, you want to be sure that you have the right lawyer. While even the most effective lawyer can’t guarantee the outcome of a case, there are some traits that may be helpful. These include:

  • Knowledgeable – Insurance law is a unique part of the law that many lawyers may never come into contact with. It’s important to work with a lawyer who has a deep understanding of what the law requires of insurance companies.
  • Detail-Driven – You want a lawyer who can get deep into the details, as that’s an essential component of winning a bad faith insurance case.
  • Experience – You want someone who’s taken on the insurance companies before and is comfortable holding their own against them.

We Can Help You Hold Your Insurance Company Accountable When They Act in Bad Faith

You count on insurance to be there for you when you need it. In many cases, you pay into it for years, with the expectation that, when the time comes that you will need to finally make a claim on that policy, you will get the money that you need. When an insurance company fails to come through on what they are supposed to or acts in an untimely fashion, that can be tremendously frustrating.

Fortunately, the law provides a means of addressing these kinds of concerns. You can file a claim against your insurance company to get what you’re owed. To do so successfully, though, can be difficult. The insurance company’s lawyers have a strong understanding of their policies and the laws related to them.

To take them on, you need an insurance bad faith attorney with an equally thorough understanding of the laws and a strong ability to understand and interpret your policy.

At Berenson & Associates, PC, we have that depth of understanding and are ready to put that into practice for your situation. Contact us today to discuss how your insurance company has acted in bad faith.


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