Did your insurance company act in bad faith with regard to your insurance claim in Albuquerque, NM? Some companies engage in bad faith insurance practices to avoid paying valid claims. You could be entitled to compensation if an insurance company violates your rights.
With over 55 years of combined experience in personal injury law, our attorneys at Curiel & Runion Car Accident and Personal Injury Lawyers are equipped to handle the most challenging cases. Our law firm has recovered over $50 million for our clients in verdicts and settlements.
We have helped thousands of clients obtain the compensation they need and deserve after an accident or injury. Our attorneys have a 98% success rate for the cases we handle.
Contact Curiel & Runion Car Accident and Personal Injury Lawyersat (505) 785-7770 to schedule a free consultation with one of our Albuquerque bad faith insurance lawyers.
How Our Albuquerque Personal Injury Lawyers Can Help You With a Bad Faith Insurance Claim
Insurance companies have a duty to act in good faith to settle claims in Albuquerque, New Mexico. However, they often undervalue damages and deny valid claims, making it as difficult as possible for victims to pursue their claims. Fortunately, the law protects individuals from bad faith insurance practices.
Proving bad faith can be challenging without experienced legal counsel. Our attorneys have the resources and skills to handle a bad faith insurance claim.
When you hire our top-rated Albuquerque personal injury lawyers, you can trust we will:
- Investigate the circumstances surrounding your insurance claim and the misconduct by the insurance company
- Gather evidence proving the insurance company acted in bad faith
- Determine how much your claim is worth by analyzing your damages
- Work with expert witnesses as necessary to gather additional evidence
- Negotiate a fair settlement with the insurance company
- Take your claim to trial and aggressively argue your case to a jury
Our lawyers consistently receive top ratings from prestigious legal organizations. They are also recognized by numerous organizations for their expertise and legal services, including Super Lawyers and The Academy of Truck Accident Attorneys. Our success has earned us membership in the Multi-Million Dollar Advocates Forum.
More than 3,000 clients have trusted Curiel & Runion Car Accident and Personal Injury Lawyers to help them with their personal injury cases. Let us fight to get you the compensation you deserve.
Contact Curiel & Runion Car Accident and Personal Injury Lawyers to schedule a free case evaluation with an experienced Albuquerque bad faith insurance lawyer.
Defining Bad Faith Insurance Practices
An insurance policy is a contract that requires the insured to pay premiums for insurance coverage. The coverage is subject to the terms and conditions stated in the policy. Because it is a contract, both parties have a duty to act in good faith when complying with the contract terms.
A party acts in good faith when it makes an honest effort to fulfill its obligations and duties under a contract. Bad faith is dishonest or fraudulent conduct.
Bad faith insurance practices may be difficult to identify. An insurance company may hide bad faith by using legal terms that a claimant or insured may not understand. They also may try to bury things in small print and lengthy documents.
Talk with an attorney if you believe an insurance company is acting in bad faith. Lawyers understand bad faith and can identify when a company has engaged in bad faith tactics and practices.
Overview of New Mexico Bad Faith Insurance Laws
In New Mexico, all insurance contracts have an implied agreement for the parties to act in good faith and fair dealing. New Mexico Statute 59A-16-20 provides the standards of conduct an insurance company must follow when handling insurance claims. If the insurance company fails to meet these standards, the claimant may file a tort claim against the company.
A tort is omissions or acts that harm or injure someone. It is a civil wrong that can be pursued in court. The court can impose liability against the party for damages caused by their party’s conduct. Therefore, an insurance company can be held liable for the harm it causes if it acts in bad faith when processing an insurance claim.
Examples of Bad Faith Insurance Practices in Albuquerque, NM
When you file a claim with an insurance company, it assigns an insurance adjuster to investigate the claim. It is important to remember that the adjuster does not work for you. They do not have your best interest. Instead, they will work to protect the insurance company from liability.
Sometimes, an adjuster or insurance company will cross the line between protecting the company’s best interests and bad faith practices. Examples of bad faith insurance practices include:
- Failing to acknowledge a claim when it is filed
- Denying a claim without providing a valid reason in writing
- Altering the terms of an insurance contract after someone files a claim
- Misrepresenting the law or the terms of the insurance contract
- Trying to intimidate or coerce an insured or claimant
- Failing to conduct a prompt and thorough investigation
- Discouraging a claimant or insured from hiring an attorney
- Offering a settlement amount that the company knows is significantly lower than the claim is worth
- Failing to pay a claim after the parties sign a settlement agreement
- Lying or misleading a claimant or insured about the claims process
An insurance company that intentionally engages in bad faith practices can be held liable for damages. If you have experienced problems with an insurance claim, contact our office to speak with one of our attorneys about your legal options.
We Handle All Types of Bad Faith Insurance Claims
At Curiel & Runion Car Accident and Personal Injury Lawyers, our lawyers help clients with bad faith insurance claims such as:
- Automobile insurance
- Homeowner’s Insurance
- Boat Insurance
- Life insurance
- Workers’ compensation insurance
- Commercial Insurance
- Health insurance
- Property insurance
- Liability insurance
- Construction insurance
- Disability insurance
All insurance policies are vulnerable to bad faith insurance practices. We represent policyholders and claimants when insurance companies treat them unfairly by acting in bad faith.
What Damages Can I Receive for a Bad Faith Insurance Claim in Albuquerque, NM?
The insurance company may be liable for economic and non-economic damages for acting in bad faith. In some cases, the court may award punitive damages. The court may also order treble damages (triple the amount of damages) in cases involving reprehensible behavior.
Examples of damages in a bad faith insurance case include:
- The compensation that should have been paid for the original insurance claim
- The cost a policyholder incurred in defending a lawsuit when the insurance company should have settled and paid the claim
- Emotional distress
- Attorneys’ fees and court costs incurred in filing a bad faith insurance lawsuit
- Other financial losses incurred by the victim because the insurance company acted in bad faith
The amount you receive for damages depends on the facts of your case. Our lawyers can discuss the damages you might receive based on your situation during a free consultation.
Are All Denials of Insurance Claims Bad Faith?
An insurance company can deny a claim for valid reasons. It can take actions that are not in the claimant’s best interests if it has a legal reason to do so, which cannot be classified as bad faith or wrongdoing per se. The claimant would need to prove that the insurance company did not have a legal reason for taking the action or denying the claim.
For example, an insurance company can deny a claim if the insured is not responsible for causing the claimant’s injuries. It can also deny a claim if the insurance policy does not cover the cause of the injuries. Another reason a company may deny an insurance claim is the policy was not in effect at the time of the injury or accident.
If an insurance company denies your claim, it should explain the reason for the denial in writing. Do not accept a denial of a claim without seeking legal advice. An attorney can review the denial and your claim to determine if the insurance company has a legal reason for denying your claim. If not, you may need to file a lawsuit against the person who caused your injuries to pursue damages.
What Is the Statute of Limitations for Bad Faith Insurance Claims in New Mexico?
The time to file a claim for bad faith insurance practices is limited by New Mexico’s statute of limitations. If you do not file a lawsuit within four years of the time the insurance company began acting unfairly, a judge may dismiss your lawsuit without considering the facts of the case.
The laws setting deadlines to file lawsuits for this type of claim can be confusing. The best way to protect your right to pursue a lawsuit is to speak with an attorney as soon as possible.
Schedule a Free Consultation With Our Albuquerque Bad Faith Insurance Attorneys
When you need legal advice you can trust, call Curiel & Runion Car Accident and Personal Injury Lawyers. Our Albuquerque bad faith insurance lawyers can help you pursue a claim against the insurance company for damages caused by bad faith insurance practices. Call our office at (505) 785-7770 to schedule a free case review with one of our attorneys.