Q: I'm in a complex case and may need to join both insurance company's under new laws of bad faith vs at fault driver.
My insurance company did not do due diligence, withheld repair quotes that meant my car was not a total loss. Told me could only provide rental for 1 week after low ball offer, that they never corrected.
At fault drives ins company used "policy limits" to not pay, increasing my out of pocket costs. Discovery product shows that there is still 10k remains.
How to move forward?
Please Note that this is Stafford County, not Ashburn.
A: A Virginia attorney could advise best, but your question remains open for two weeks. It sounds like you are dealing with an adversary with very low policy limits. If that's the case, you could explore your own policy's underinsured motorist provisions or look into viability of filing suit. You could discuss with a local attorney to help decide on best route - hiring attorney, handling yourself, small claims, etc. - and applicability of new Virginia bad faith laws you mention in the post - a local attorney would need to advise on that. Good luck
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