QuestionFirst, Thank you for your time. I know you can answer based only on the info I provide, so to keep from having to wrie a book my quesions will be with basic facts of the issue.
In Texas do you believe an insurance company is guilty of bad faith if they offer a settlement for 3000 dollars and the documented actual value is over 6000.
Second question. I had an parking lot claim, a lady said I backed into her.After taking statements from all parties my ins company paid the other party. I called the claims office who handled the claim and got a supervisor. I explained to her that the other party had no more credible evidence that I did. My vehicle had no damage and there wer no witnesses. I ask the supervisor how they could find me at fault when they never looked at my vehicle to see if I had any damage nor did they measure the how hi the damage was on the other parties vehicle and compare it to see if it was even possible if I could have done the damage.
After giving the supervisor this information she stated that I was correct and that my insurance company should not have paid the claim. She stated she would change it from at fault to not at fault. I requested she send me a letter stating I was not at fault and she did this.
Due to the fact the insurance company did not fully investigate the claim properly are they guilty of bad faith.
Answer1. Yes, if it was willfull, malicious and the other legal stuff that goes with that.
2. Yes, if you have damages and the other elements are present.
The problem with bad faith is that you won't get over 3 to 10 times the special damages for punitive damages after the George Bush supreme court of the US in Cambell vs State Farm ruled it so. Just another Bushenomics let business police itself legacy.
