San Francisco Injury Lawyer Blog

Insurance companies provide insurance protection for cars, houses, a person’s life, businesses, etc. Those who are insured by these companies sign a contract which details exactly what the policy covers and how the company acts in certain situations. Once insurance companies sign a contract with their insured, there is an implied duty of good faith and fair dealing by the insurance companies to act properly on their clients’ behalf. If this duty is violated by the insurance company, then their insured may have civil claims against the companies. There are different types of duties that fall under the duty of good faith and fair dealing, and it depends on what parties are involved in the case.

In the first instance, if the claim involves the first party, or the insured, then the insurance company has the duty to investigate the claim and determine whether the damage is covered and then compensate the party for the damages. The second set of circumstances includes claims involving third parties in which insurance companies have the duty to defend the claim and the duty of indemnification. Insurance bad faith occurs when the insurance companies refuse to defend their client, or refuses to pay a judgment against the insured. Bad faith acts may vary and can include acts by the insurance company as delaying the payment, or not paying the insured the protected amount.

Filing a lawsuit against a large insurance company is a tough situation. Insurance companies have large law firms with unlimited resources that can drag on a lawsuit for a long time. In order to fight these insurance firms, you need an experienced attorney on your side. The attorneys at Greenberg & Rudman LLP have won over $150 million in verdicts and settlements against insurance companies and large corporations. Don’t let them drag on your case—protect yourself by calling an experienced attorney for a free and confidential consultation at 1-800-252-9776 (1-800-ALAWPRO). We advance all costs and expenses related to your case and we do not recoup these costs unless we collect money for you. Go to our website, www.alawpro.com to read more about insurance bad faith.

Would you like to read more about insurance bad faith? Then go to Part 1: WOMAN AWARDED $3.8 MILLION FOR INSURANCE BAD FAITH ACTS—CALL SAN JOSE EXPERIENCED ATTORNEYS NOW (Part 1 of 2)

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Posted In: INSURANCE BAD FAITH

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Insurance bad faith claims may be hard for individuals to take on without the help of an experienced attorney. Insurance companies hire large law firms and have a lot of resources and may run the other party in circles. The delay in the lawsuit may cause the parties to spend extra money and resources, which the insurance companies may be able to afford but the insurance policy holders may not be able to afford.

In 2003, Debbie Daniels was scheduled to undergo a hysterectomy by her doctor, David Lee Grims, who also suggested that she have the tummy tuck operation done as well. Unbeknownst to Daniels, Grims was not trained to perform tummy tucks and had been kicked off the staff of another hospital previously for performing the tummy tucks. As a result of the surgery, Daniels was left permanently disabled and sued her doctor. Grims was defended by his insurance company, who only proposed to settle with Daniels for $75,000 two years after the incident even though the company’s own records showed that her damages were worth more than $1 million. Eventually, Daniels had to settle with the insurance company for $650,000 but reserved the right to sue them for bad faith because of the settlement delay. The Jefferson Circuit Court jury in Kentucky awarded Daniels $3.8 million because it found that the insurance company acted in bad faith by delaying her payment even though it knew that its client, Grims, was responsible.

The attorneys at Greenberg & Rudman LLP represent people who have been seriously injured as well as the families of those who have been killed under wrongful death circumstances. Don’t be fooled by other firms who sign up your case but are not prepared to fight for you and take your case to trial. We are experienced trial attorneys who have taken on big insurance companies and won. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free and confidential consultation with one of our knowledgeable attorneys. Check out our website, www.alawpro.com to read more about insurance bad faith claims.

Want to know more about insurance bad faith claims? Go to Part 2: INSURANCE BAD FAITH ACTIONS MAY RESULT IN LAWSUIT BY INSURED—CALL OAKLAND INSURANCE BAD FAITH ATTORNEY TO SEE IF YOU HAVE A CLAIM (Part 1 of 2)

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Insurance companies provide drivers with protection in case of accidents in which they injure others, or injure themselves. This is why many states require that drivers have car accident insurance in order to drive legally. Insurance policies may range from the very basic, which would include property damage done to other cars, to the maximum coverage, which would include property damage for the parties involved, as well as potential coverage of physical injuries. People who might be driving vehicles as part of the employment, such as truck drivers, or delivery men, are covered by their employers, whose insurance would be ultimately responsible for mistakes made in the course of employment.

Several weeks ago, there was a tour bus accident that occurred on Interstate 101 on the overpass in Soledad. The bus was carrying thirty four French tourists when the bus hit a guardrail and overturned. The driver of the bus, John Egnew, the tour guide and four tourists were killed in the crash, and many more were hospitalized with injuries. Since the accident occurred, CHP has conducted investigations of the crash and have determined that the crash was a result of driver error because Egnew failed to negotiate a curve, which caused the bus to overturn. In this situation, Egnew’s employer and the owner of the bus company would likely be responsible for any injuries that occurred. Any lawsuits arising from the French tourists would likely be handled through the bus and the driver’s insurance companies.

Large insurance companies may be difficult to deal with if you are handling your own case, or are trying to recover without a lawsuit. The best way to deal with insurance companies who are uncooperative is to obtain legal counsel of your own. Have you or a loved one been injured on a bus or in a motor vehicle accident? If so, you need to call the attorneys at Greenberg & Rudman LLP now for a free consultation. Our attorneys can tell you your rights and can give you legal advice on how to proceed. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free and confidential consultation from one of our experienced attorneys. Go to our website, www.alawpro.com to read more about injury accidents, and recovery from insurance companies.

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Posted In: BUS ACCIDENT , INSURANCE BAD FAITH

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The issue of insurance bad faith has been a long standing battle between the patient and his insurance company. An insurance company has the duty to treat its insured fairly, protect them from third party claims, and protect the insured’s interest when settling a claim. Insurance bad faith results when the insurance company is not willing to protect those insured by exposing them to additional liability or not paying the settlement amount. However, after a recent California Supreme Court ruling, patients may not have to deal with insurance companies or emergency doctors after an emergency room visit.

This week, the California Supreme Court unanimously ruled that in situations in which a patient visits an emergency room and is treated by a doctor not covered by their HMO, the doctor has to take the billing issue directly to the insurance company, rather than billing the patient directly. State and federal laws already require emergency room doctors to treat everyone regardless if they have insurance, or are able to pay.

Are you having problems with getting your insurance company to pay for your treatment or resolution to a recent car accident or injury? Greenberg & Rudman LLP is a law firm with a lot of experience in dealing with major insurance companies. Call us now at 1-800-252-9776 (1-800-ALAWPRO) and get a free consultation with one of our experienced attorneys. Visit our website www.alawpro.com and find out more about insurance bad faith.

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As the holiday season rolls around, the highways and public transportation systems are busy with travelers. Five people were killed in various motorcycle and car accidents in the Bay Area, between Friday, November 21, 2008 and Sunday, November 23, 2008. According to the California Highway Patrol, all of the accidents remain under investigation.

• A fatal motorcycle accident occurred in Contra Costa County at 11:30 a.m. on Sunday, near the Willow Pass on-ramp on Highway 4.A man was killed as he was traveling eastbound on Interstate 580 and drifted onto the shoulder, then overcorrected to the left and lost control of his car. The accident happened around 3 a.m. on Sunday near Keller Avenue in Oakland.
• Two people died in a multi-vehicle hit and run on westbound Interstate 80 in Richmond on Saturday at about 3:50 a.m. According to police, the initial crash involved four different cars but the fatalities occurred when the victims of one of those cars exited their car, and were struck by a fifth car that fled the scene.
• A pedestrian was hit and killed as he ran across Interstate 880 near Hegenberger Road in Oakland at around 11:15 p.m. on Friday.

If the police are able to locate the driver of the fifth car who hit and killed the two people in the multi-vehicle hit and run, then he/she may be liable for both criminal charges and civil lawsuits. Assuming that the driver has insurance (and hopefully he/she does!), then the insurance company would have a duty to defend the driver in a lawsuit, and possibly to pay the injured party if the act is covered by the insurance policy. If the insurance company fails to do so, then it will be acting in bad faith.

The attorneys at Greenberg & Rudman LLP will fight for you if you have been in a car or motorcycle accident. We represent individuals and families of individuals who have been severely injured or killed under wrongful death circumstances. Call us now at 1-800-252-9776 (1-800-ALAWPRO) to get a free consultation from one of our experienced trial attorneys. Please go to our website at www.alawpro.com to find out more about our attorneys, our firm and the different cases that we have won.

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Posted In: CAR ACCIDENT , INSURANCE BAD FAITH , MOTORCYCLE ACCIDENT

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