Q: Can I sue the at fault policy holders insurance company for bad faith IN small claims court? I believe I have cause.
Policy holder = Door Dash (door dasher was in route with food)
The question of who was at fault is not an issue. due to limited character space available, the following is not exhaustive.
(I believe) I have documented no less than 3 instances of bad faith practices, and potentially as many as 6.
Several contradictory and/or false statements suggesting that they had determined who was at fault, almost 2 weeks before they informed me that they had accepted liability. (They accepted liability 34 days after the accident.) Fabricated statements made in response to inquiry following my complaint filed with cdi. A check for loss of use with small wording attached informing accepting the amount on the check would satisfy their obligation. Not holding up on their agreement to call to hear my decision, proceeding with instructing their tow yard to notify the dmv that my vehicle was abandoned, after which they sold my vehicle for scrap anyway, (I found out later).
MORE INFO NEEDED.
SET UP AN APPT TO GO OVER YOUR POTENTIAL CASES WITH A PI LAWYER.
IF IT IS BAD FAITH IT WOULD HAVE A LOT MORE VALUE THAN THE $10,000.
CHANCES ARE BAD FAITH WOULD BE HARD TO PROVE AND... IF YOU WON ...THE OTHER SIDE WOULD APPEAL AND THEN THEY CAN HAVE LAWYERS IN COURT.
THEY OFTEN PAPER YOU TO DEATH AND SET UP ROGS AND DEPO'S.
WITHOUT A LAWYER YOU WOULD HAVE A DIFFICULT TIME PROCEEDING.......
A: There is no such thing as third party bad faith in California. The concept of bad faith only applies in first party situations in which your own insurance company unreasonably delayed, denied, or underpaid your claim. You would lose your small claims actions, and you would be forced to pay the insurance company's costs.
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