Insurance companies work hard to protect their own interests, but sometimes they can go too far and cross the line into bad faith acts. This is when an insurance company behaves in a way that result in unfair denials of insurance coverage (e.g. ignores relevant evidence). You can sue an insurance company to recover compensation for damages related to their bad behavior. When filing your lawsuit, don't forget to include these items.
Mental or Emotional Distress
Being involved in an auto accident is stressful enough but having the insurance company drag its feet on paying out on the claim can compound the emotional or mental distress you're already feeling. If the denial results in a situation where you're experiencing emotional or mental problems as a result, you can ask to be compensated for the cost of dealing with that fallout.
For instance, the insurance adjuster's gross negligence caused you to fall into a deep depression. You could recover money for medical bills you incurred to treat your condition.
To win these damages, you must have documented proof you suffered psychological or emotional problems and that those issues can be tied back to the bad faith claim. In addition to discussing your problems with your doctor and securing the relevant medical documentation, it's a good idea to also keep a journal detailing how you're feeling. This can be immeasurably helpful in backing up your claims in court.
It's a given that you should sue for the money your insurance company should've have paid out to you or on your behalf, and some states will even add a multiplier to those damages as a penalty to the insurance company for acting in bad faith (e.g. you'll be awarded 2 times the amount). However, you are also allowed to pursue any consequential damages you incurred as a result of the insurance provider's actions.
If you were the at-fault driver and the other party sued you because your insurance company didn't pay the claim as agreed, you can sue for the costs involved in defending the lawsuit as well as for any money the plaintiff won in the case.
There are a wide variety of damages that can fall under this umbrella, including the cost of renting a vehicle, replacing personal items lost or damaged in the collision, and even missed opportunities. You'll need to furnish proof of these losses (i.e. receipts or statements from witnesses) so the court can verify your claim and know how much to award.
For more information about bad faith claims or help with your auto accident case, contact a personal injury lawyer.