Proven Bad Faith Insurance Lawyers Serving Portland, Oregon, & Washington
Was your insurance claim denied? Our knowledgeable and experienced Portland Bad Faith Insurance Lawyers are here to help you.
Key Takeaways
- Bad faith occurs when an insurer wrongfully denies coverage or benefits that are rightfully owed under the policy, prioritizing its own profit over its contractual obligations.
- Oregon’s bad faith insurance statute of limitations is generally two years from the date of the insurer’s bad faith conduct, though pinpointing the exact trigger date can be complex without legal guidance.
- D’Amore Law Group secured a $1.7 million bad faith result for a woman seriously injured in a head-on crash, recovering $1.6 million in excess of the at-fault driver’s policy limits.
- Bad faith warning signs include automatic claim denial, intentional payment delays, and settlement offers made without first conducting a thorough investigation of the accident.
What Is a Bad Faith Insurance Claim?
A bad faith insurance claim allows you to recover additional damages from an insurance company because its behavior was unacceptable. A bad faith claim punishes the insurance company for its actions.
“Bad faith” refers to an insurance company wrongfully denying coverage or benefits to a consumer when they are rightfully owed that insurance coverage.
An insurance policy is a contract between the insurance company and its insured and this contract must be honored in “good faith.” This obligation of good faith means an insurance company must take all necessary steps to fully investigate a claim and consider all the circumstances supporting it as well as respond to requests for information or communication in a timely matter.
There are statutes of limitations or certain time frames in which a person must file a lawsuit in a personal injury claim. Insurance companies stalling or delaying necessary responses close to or beyond this time limit are suspect to evaluation of an act of bad faith. An insurance company cannot just look for reasons not to pay the claim: they must fully investigate it to determine if there is coverage under the policy.
It is in the best interest of the insurance companies to limit the amount of compensation they pay out to their customers. Sometimes a company refuses to pay a claim that clearly should be paid with the hope that the consumer will not fight the decision. Most insurance policies are complex and confusing documents with many terms and conditions: it is common that a consumer will not know everything that is or is not covered by their policy which may result in denied claims.
Why Portland Policyholders Choose D’Amore Law Group for Bad Faith Insurance Claims
- We Know How to Identify Bad Faith — Even When It’s Hidden — Insurers rarely announce that they are acting in bad faith. We know the warning signs, including automatic denials, intentional delays, and lowball offers made without proper investigation, and we know how to document and prove each one.
- We Have Won Significant Bad Faith Verdicts — D’Amore Law Group secured a $1.7 million bad faith insurance result for a woman seriously injured in a head-on crash, recovering $1.6 million in excess of the at-fault driver’s policy limits after the insurer failed to act appropriately.
- We Understand the Statute of Limitations Risks — Oregon’s bad faith claim deadline is generally two years from the date of the insurer’s bad faith conduct — but identifying the exact trigger date can be complicated. We act quickly to protect your rights before any deadline passes.
- We Take On the Insurance Companies Directly — Insurance companies have teams of lawyers protecting their financial interests. Our Portland bad faith attorneys provide the same level of aggressive, informed advocacy on your side to make sure your valid claim gets paid.
- No Fee Unless We Win — Your consultation is free. You pay nothing unless D’Amore Law Group recovers compensation on your behalf.
Recent Victory Obtained By Our Bad Faith Insurance Attorneys
$1.7 million insurance bad faith result for a woman who was seriously injured by a driver under the influence of prescription medication that caused a head-on collision. Insurance company paid $1.6 million in excess of insurance policy limits.
Insurance Company Denied Your Claim? Talk To One Of Our Bad Faith Insurance Lawyers In Oregon
If you think you have a bad faith claim, contact our Portland Bad Faith Insurance Attorneys to receive a free consultation to evaluate your policy and determine if the insurance company is acting in bad faith.
Our highly-skilled attorneys handle other types of personal injury cases as well, including:
- Catastrophic Injury
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bus Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Medication Errors
- Construction Accidents
- Wrongful Death
- Medical Malpractice
- Sexual Abuse
- Nursing Home Abuse
- Birth Injuries
- Product Liability
- Spinal Cord and Head Injury
Bad Faith Insurance Claim Statute of Limitations
The bad faith insurance claim statute of limitations is generally two years from the date of the insurance company’s bad faith conduct. However, identifying the exact date of the bad faith activity can be complicated. And determining the statute of limitations cutoff date can be challenging without the correct information.
What To Do If the Insurance Company Is Stalling?
Contact a lawyer if you suspect the insurance company is stalling to avoid paying your claim. The insurance company might have valid reasons for the delay. However, other times their actions constitute bad faith.
Contact us today at 503-222-6333 to discuss your case and learn how we can help you.
Frequently Asked Questions
What is insurance bad faith in Oregon?
Insurance bad faith occurs when an insurer unreasonably denies, delays, or undervalues a legitimate claim in violation of its duty to deal fairly with policyholders. Oregon law requires insurers to investigate claims promptly and settle them when liability is clear. Unreasonable conduct may expose the insurer to a bad faith lawsuit.
What are common examples of insurance company bad faith?
Examples include denying a claim without a reasonable basis, failing to investigate properly, offering a settlement far below what the policy covers, and misrepresenting policy terms to avoid paying. Excessive delays in responding to claims can also constitute bad faith. Document all communications with your insurer if you suspect bad faith.
What can I recover in an insurance bad faith lawsuit?
In addition to the original claim amount, you may recover consequential damages caused by the delayed or denied payment, attorney’s fees, and potentially punitive damages for egregious conduct. Oregon courts take bad faith claims seriously and have awarded substantial damages in proven cases. An attorney will evaluate whether your insurer’s conduct meets the legal threshold.
How do I prove my insurance company acted in bad faith?
Proof involves showing the insurer denied or delayed your claim without a reasonable basis and did so in reckless disregard of your rights. Evidence includes claim file notes, communications, the insurer’s investigation records, and expert testimony from insurance claims professionals. An experienced attorney knows how to obtain and use this evidence effectively.
Is there a deadline to file an insurance bad faith claim in Oregon?
Oregon’s statute of limitations for insurance bad faith claims is generally two years, though the exact deadline depends on the specific legal theory. The clock typically runs from when you knew or should have known the insurer was acting in bad faith. Consult an attorney promptly to ensure you do not lose your right to pursue these claims.