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Nick C. Thompson 105 Daventry Suite 200
Louisville, Kentucky, 40223 (502)429-0057

Bad Faith Kentucky Insurance Tactics  

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Bad Faith Kentucky Insurance Tactics  

Insurance Adjusters may claim that you cant collect because you didn't pay for an item out of your own pocket. For instance if your insurance company paid for your medical expenses it is a factor in determining the recovery of your damages.  You are allowed to collect for these expenses just like any other expense.   Denying such coverage for "collateral sources" is unethical conduct on the part of an insurance adjuster.  Record such conversations if you can.   This can be a reason for a bad faith insurance claim.  The fact that automobiles are defective is also not a basis for denying benefits.  

Bad Faith claims are made when insurance adjusters or insurance attorneys use unfair tactics in lowering your automobiles claims.   This can include the destruction of evidence or hiding evidence in an insurance case.  Your insurance is a paid for contract that if you have an insurance claim that the insurance company will be provide you with insurance protection and benefits.  Insurance companies and adjusters have even committed criminal conduct to avoid paying an insurance claim.  These bad faith methods can also be simply interfering with your right to pursue your claim or outright fraud.  Tactics have included stalling to make you file so late that the statute of limitations has run.  

In Kentucky an insurance company cannot be held directly liable for bad faith in a workman's compensation lawsuit.  However in Kentucky, insurance companies can be fined by the workman's compensation board for bad faith tactics.  Other states such as Mississippi do allow bad faith lawsuits against workman's compensation insurance companies. If you have been subjected to these types of insurance tactics in a personal injury case you should seek legal advise and perhaps sue the insurance company for violating your rights to your benefits.  If the insurance company will not negotiate fairly you are left with no choice but to sue for your fair share of your benefits. Starting your case with a competent personal injury attorney will help to prevent this.   

Suing a company for bad faith often involves long dragged out litigation. However, it may add significantly to your damages.  You should always document and get in writing the reasons why you are being denied benefits.  If an insurance adjuster will not give this to you in writing you may want to talk to his supervisor or record your conversations with him.  Bad faith insurance litigation may mean millions of dollars in a punitive recovery against insurance companies that violate the rules.  Many  insurance companies still take short cuts to cut costs in hopes that they will never be caught.  

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