After a catastrophic truck accident on the I-15 or US-395 shatters your family, you expect the at-fault party’s insurance company to provide fair compensation. Unfortunately, that expectation is often met with a second battle. Insurance companies are multi-billion-dollar corporations whose primary goal is to protect their profits by paying out as little as possible. They often employ cynical tactics to delay, deny, and devalue even the most legitimate and tragic claims. This is not just unfair; it can be illegal. At Kash Legal Group, we are not only truck accident litigators; we are aggressive
Hesperia insurance bad faith truck accident lawyers. We hold insurance carriers accountable when they break the law and refuse to honor their obligations.
Chapter 1: What is Insurance Bad Faith in a California Truck Accident Claim?
Every insurance policy in California contains an unwritten “implied covenant of good faith and fair dealing.” This legally binding duty requires an insurance company to act fairly and honestly when handling a claim. A breach of this duty is known as “bad faith.” Bad faith is more than just disagreeing on value; it’s an unreasonable denial or delay of benefits owed. The foundational California Supreme Court case,
Gruenberg v. Aetna Ins. Co., established that this duty is unconditional.
Chapter 2: Recognizing Bad Faith Tactics: How Insurers Try to Deny Your Claim
Insurance companies have a playbook of tactics designed to frustrate victims and save money. Recognizing these tactics is the first step in fighting back:
- The Unreasonable Lowball Offer: You receive a lowball truck accident settlement offer in Hesperia that doesn’t even cover the documented medical bills.
- Unjustified Claim Denial: The insurer issues a commercial auto insurance claim denial based on a flimsy excuse or a biased investigation.
- The Excessive Delay: Your case becomes a Hesperia truck accident lawyer excessive delay claim when the adjuster “ghosts” you or refuses to return calls.
The insurer makes a decision on the claim without conducting a thorough, fair, and objective investigation.
Chapter 3: Your Legal Power: The Unfair Insurance Practices Act (UIPA)
Your protection against these tactics is codified in law. The
California Insurance Code § 790.03, also known as the Unfair Insurance Practices Act, explicitly prohibits insurers from “Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.”
Chapter 4: Our Strategy for Fighting Insurance Bad Faith
When we are
fighting an insurance company in a High Desert truck accident, our strategy is methodical and aggressive.
- Building a Record: We document every communication, creating an undeniable record of the insurer’s conduct.
- The Policy Limit Demand: In a catastrophic injury or wrongful death case, we often send a “policy limit demand.” An insurer’s unreasonable failure to accept can expose them to liability for an entire jury verdict, even if it’s above their policy limit.
- Filing a Bad Faith Lawsuit: If the insurer continues to act unreasonably, we can file a separate bad faith claim against the truck insurer. This lawsuit seeks damages beyond the original claim, including emotional distress and punitive damages.
Don’t Be a Victim Twice. Let Us Fight For You.
You have already suffered an unimaginable loss. You should not have to suffer the injustice of an insurance company’s bad faith tactics. Our firm was built to take on these giants and win.
KASH WINS!If you believe an insurer is unfairly handling your wrongful death or TBI truck accident claim, contact our Hesperia office for a free consultation. Kash Legal Group 17096 Sequoia St. Hesperia, CA 92345 Let us hold them accountable. Call us at
844-KASH-WINS.
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