Q: Injury claim issues: Privacy breach, delayed subrogation, negligence. What legal recourse? Statute of limitations?
I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving compensation, and the adjuster requested subrogation documentation after a significant delay, impacting my claim. Moreover, sensitive information and property damage details of the other driver were negligently exposed in the insurance online portal. This breach of privacy has caused distress and anxiety. I have filed a complaint with the state Insurance Commissioner. Now, the claim has been referred to an attorney for review at the insurance company. As I prepare to speak with the attorney, I have questions:
What are my rights in this situation, and what legal recourse do I have for the insurer's failure to act in good faith and respond to my claim promptly?
A: The insurance company has a duty to act in good faith when administering a claim. Georgia Code § 33-4-7 establishes that an insurer “has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is reasonably clear, to make a good faith effort to settle with the claimant potentially entitled to recover against the insured under such policy.” If the insurer is found liable for acting in bad faith, they may owe you up to an additional 50% of your claim or $5,000,000 whichever is greater, plus attorney fees.
A: It could depend on a number of factors, such as the cause for the delays. Delays can arise from sources that are not in and of themselves necessarily bad faith, such as a carrier's difficulty in reaching their insured for a statement. Subrogation files could add delays to a claim, depending on the cooperation of the medical offices. The claim will need to be examined in more detail. Good luck
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