What are some signs of insurance bad faith in UM/UIM claims?

Insurers typically are not eager to pay claims fairly and in full, even when the case involves your own auto insurance company in the context of an uninsured motorist or underinsured motorist claim. Some developments that could indicate your insurer is handling your claim in bad faith include: Denying a valid UM or UIM claim without a legitimate basis Failing to fairly or thoroughly investigate the claim Misrepresenting the policy terms, such as claiming that you rejected coverage when you did not or misstating your coverage limits Refusing to budge from a settlement offer that is unreasonably low Undervaluing your damages or ignoring evidence, such as medical records or wage loss statements Delaying payment or communication about your claim without clear justification Failing to respond to communications or to keep you informed of your claim status Refusing to explain in writing the insurer’s reason for denying the claim, delaying processing or payment, or making a low settlement offer Once you begin noticing conduct that leaves you concerned about the insurer’s handling of your claim, it’s time to bring in professional legal representation.

What factors lead to unreasonable delays in UM/UIM claims?

Delays in getting the compensation you deserve are frustrating, but many claimants wonder if the pace of progress in their claim is unreasonable or simply in line with the typical insurance claims process. Some factors that can give rise to unreasonable delays in your UM/UIM insurance claim include: A slow or incomplete investigation of fault or damages by the insurer Redundant requests for the same records repeatedly Reqests for unnecessary documentation, often as a means of stalling Disputes over medical causation, including whether the claimed injuries are accident-related Internal disputes within the company over coverage or authority to pay Overuse of “independent medical examinations” (IMEs) Failure to produce discovery materials and documentation promptly Scheduling delays, including stalling on the part of the insurer in selecting arbitors Waiting for proof of no valid coverage (in UM claims) or exhaustion of liability coverage (in UIM claims) Failure to communicate with the insured promptly, which can delay the submission of required documentation or paperwork Often, delaying processing or payment of claims is a tactic used to pressure the insured into accepting less than the fair value of the claim. If this conduct rises to the level of bad faith, you have legal recourse to pursue not only the compensation you deserve for your auto accident but also remedies under Pennsylvania’s bad faith law.

What if my auto insurer disputes whether I’ve exhausted the other driver’s coverage for the purpose of my UIM claim?

In underinsured motorist claims, specifically, you generally need to establish that the other driver’s insurance coverage is not sufficient to fairly compensate you for your losses. Generally, Pennsylvania’s insurance system requires that you exhaust, or use up, the limits of the other driver’s policy before you are entitled to UIM benefits through your own insurer. Often, auto insurers in UIM claims require documentation that you have received a settlement or payment from the at-fault driver’s insurer that exhausts their coverage. This means that you will be asked to submit proof of the at-fault driver’s insurance limits and evidence of settlement or payment. If you can’t provide this documentation or if you settled with the at-fault driver’s insurer for less than the full policy limits, your auto insurer is likely to deny or dispute your UIM claim. When you’re facing a challenge from your insurer in a UIM matter, it helps to have professional legal counsel on your side. We analyze policy language, demand a written reason for disputing exhaustion or denying the claim, and gather and submit any further documentation that supports your case. In the event that you settled with the at-fault driver’s insurer for less than the policy limits, you will likely need to provide additional documentation or arguments, including written consent from your insurer or forms that waive the insurer’s right to object. Because your settlement with the other driver’s insurance carrier can impact your UIM claim, you should always consult an attorney before finalizing your settlement with the other insurance company. Sometimes professional advocacy is sufficient to get an auto insurer to drop its dispute, but in other cases, the next appropriate step is to file a bad faith claim against the company. We have extensive experience securing clients the full compensation they are entitled to under PA’s bad faith law.

AlpernSchubert, P.C./

Pittsburgh Bad Faith Claim Lawyer/

Uninsuredunderinsured Motorist Bad Faith

Pittsburgh Uninsured/Underinsured Motorist Bad Faith Lawyer

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Fight Back Against Unfair Denials by Your Own Auto Insurer With an Experienced UM/UIM Bad Faith Claim Attorney in Pittsburgh, PA, on Your Side

When your insurer handles your UM/UIM claim in bad faith, it can seem like yet another setback in a series of misfortunes. First, an auto accident caused you to suffer an injury. Then the at-fault driver was determined to have no insurance or insufficient insurance to address your losses. Now, your own insurer is acting unfairly and unreasonably in handling your claim. All of this is a lot to deal with, but you don’t have to manage it alone. A Pittsburgh Uninsured/Underinsured Motorist bad faith lawyer at AlpernSchubert, P.C., can help by protecting your rights and pursuing full compensation, including remedies permitted under Pennsylvania’s bad faith law.

These claims are more complicated than a standard auto accident case. You need someone familiar with the ins and outs of bad faith insurance litigation, and auto insurance bad faith claims specifically, to build a case against your insurer that establishes unreasonable or dishonest conduct. With a reputation for handling more bad faith claims for plaintiffs in Western Pennsylvania than any other law firm, AlpernSchubert, P.C., is the legal team of choice.

It costs nothing to discuss your legal options with a knowledgeable UM/UIM bad faith claim attorney in Pittsburgh, PA. For a free consultation, contact us today.

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How UM/UIM Coverage Works, and What to Do When It Doesn’t

Uninsured and Underinsured Motorist coverage provides a crucial safety net for victims injured by drivers without adequate auto insurance coverage, but only when insurers honor their obligations. Bad faith handling of UM/UIM claims can leave car accident victims without the resources they need to recover physically, financially, and emotionally.

Understanding Uninsured and Underinsured Motorist Coverage in Pittsburgh, PA

Drivers in Pennsylvania are legally required to maintain at least a minimum amount of auto insurance coverage, but unfortunately, not every motorist complies. Some drivers who cause accidents are subsequently determined not to have any insurance coverage at all. Others have a policy in place, but their limits (which, for bodily injury, can be as low as $15,000 per person and $30,000 total per accident) may not be sufficient to address serious injuries and their economic and non-economic consequences. In any case, being in an accident with an uninsured or underinsured driver can leave you facing significant challenges.

That’s where UM/UIM coverage comes in. Uninsured Motorist (UM) is a type of coverage you can purchase as part of your own auto insurance policy that stands in for the at-fault driver when that motorist lacks insurance. In this instance, you would pursue through your own coverage all of the losses that you would otherwise seek from the other driver, such as medical expenses, lost wages, pain and suffering, and more.

Underinsured Motorist (UIM) coverage does the same in the event that the driver who hurt you doesn’t have enough coverage to compensate you for your losses. Generally, you must exhaust the at-fault driver’s liability coverage before you can recover UIM benefits (although there are limited exceptions).

In Pennsylvania, most drivers’ auto insurance policies include some amount of UM/UIM coverage. Although this insurance isn’t mandatory to purchase, state law does require auto insurers to offer both UM and UIM coverage. In fact, to purchase an auto insurance policy without UM/UIM coverage in Pennsylvania, policyholders must sign written rejection forms.

In other words, UM/UIM coverage is automatically included in PA auto insurance unless you reject this coverage. This, in theory, means that most drivers are financially protected in the case of an accident with an uninsured or underinsured driver. However, when the policyholder’s own auto insurance carrier handles their UM/UIM claim in bad faith, they can end up without the benefits they’re entitled to.

Steps to Take if Your Auto Insurer Denies or Disputes Your UM/UIM Claim

Seeking compensation through a UM/UIM claim can be complicated. Your insurer is responsible for paying your damages, but they will first require proof that the other driver had no insurance or insufficient insurance. This means more documentation than a typical claim against another driver’s insurer.

Review your denial letter: Your auto insurer must explain the reason for its denial of your claim or for any dispute it raises in processing the case. Carefully read all related correspondence to understand what basis your insurer is claiming for denial, so you’re prepared to challenge it via an appeal or a bad faith lawsuit.
Gather all documentation: You’re going to need documentation of the accident and all resulting damages, the at-fault driver’s lack of insurance (if UM) or settlement exhausting coverage (if UIM), and all interactions with your insurer.
Consult an attorney: If you have tried to file a claim for UM/UIM benefits with your own auto insurer but your claim has been disputed or denied, it’s time to bring in professional legal counsel. Through a free consultation, we will review your potential case and advise you on whether you may have grounds for filing bad faith litigation against your insurer or whether another option, like appealing the claim denial, better fits your circumstances.

Keep in mind that bad faith claims are complex legal undertakings that many attorneys have very limited experience handling, even if they regularly practice personal injury law. To stand up to your insurer effectively, you need a Pittsburgh Uninsured/Underinsured Motorist bad faith lawyer who knows how to build effective cases illustrating an insurer’s misconduct.

PA’s Bad Faith Insurance Law Benefits Policyholders in Pittsburgh

Not every state establishes specific statutory protections for policyholders wronged by their own insurance companies, but Pennsylvania does under 42 Pa. C.S. § 8371. This law establishes that, when a court determines the insurer has acted in bad faith toward its insured, the court may order:

Interest payments on the value of the claim, amounting to the prime rate of interest plus 3%, beginning on the date the claim was filed
Punitive damages imposed to punish the insurer, paid to the insured
Payment of the policyholder’s court costs and attorney’s fees

These remedies are in addition to the compensation owed to you under your original UM/UIM claim. If your auto insurer acted dishonestly or unreasonably in handling your bad faith claim, you may be entitled to recover more, through all available legal remedies, than the original value of your case.

Our UM/UIM Bad Faith Claim Attorney in Pittsburgh, PA, Takes a Proven Approach to Demonstrating Insurer Misconduct

A claim denial or a delay that seems long isn’t always grounds for a bad faith lawsuit under Pennsylvania law. That’s what makes having a Pittsburgh Uninsured/Underinsured Motorist bad faith lawyer building your case and advocating for your rights so important.

Auto insurers may deny UM/UIM claims for valid reasons, such as insufficient documentation of the at-fault driver’s lack of coverage (in a UM case) or of a settlement for the full policy limits (in a UIM case). What seems like a long delay when you’re going through an injury and an insurance battle may actually be in the realm of normal processing times, as frustrating as that may seem.

The insurer is likely to defend against your allegations of bad faith conduct, especially if the company could be ordered to pay significant interest, punitive damages, and legal costs in the event of an unfavorable ruling. To counter the insurer’s arguments and present the strongest possible claim, you need an attorney on your side who understands the unique demands of bad faith insurance claims in Pennsylvania.

When AlpernSchubert, P.C., handles UM/UIM bad faith claims, we begin by analyzing all of the facts and documentation. In claims against your insurer, you need evidence such as:

Your auto insurance policy and declarations page
Confirmation that the other driver lacked insurance (in a UM case)
Proof that the settlement with the other driver’s insurer was insufficient to cover your losses (in a UIM case)
Documentation of all correspondence and interactions with your insurer, which can indicate unreasonable delays or misrepresentations of coverage
Notice of claim denial, if applicable, or other notices or status updates
Documentation that supports your auto accident injury claim, including evidence of liability on the part of the other driver and proof of your damages

We may also gather internal communications or policies from your auto insurer through a thorough investigation or the discovery component of the legal process.

Through negotiations out of court, litigation, and trials, we seek an outcome that compensates you for all of your legally recognizable losses, as well as remedies such as interest, punitive damages, and legal costs as permitted under Pennsylvania’s bad faith law. We have a history of achieving successful results for clients throughout Western Pennsylvania.

How AlpernSchubert, P.C., Can Help

At AlpernSchubert, P.C., our experienced legal team provides full-service support for the process of holding your auto insurer accountable in a UM/UIM bad faith claim. Our process includes:

Free consultation: A thorough review of the specific facts of your case and guidance tailored to your unique situation
Review of documentation: An analysis of your auto insurance policy and records of your insurer’s conduct to identify potential grounds for bad faith legal action
Negotiations: Efforts to resolve the case out of court, beginning with a settlement demand letter we send to your insurer on your behalf
Litigation: If negotiations aren’t sufficient to produce a fair outcome, we’re prepared to file a complaint, represent you in all stages of the litigation process, and fight for you in court if necessary

Throughout your case, you’re likely to have questions about the legal process and what to expect. We’re here to help, answering your questions and keeping you informed and empowered to make the right decisions at every stage.

Why Choose AlpernSchubert, P.C., as Your Pittsburgh Uninsured/Underinsured Motorist Bad Faith Lawyer?

For a UM/UIM bad faith attorney you can count on, turn to the experienced legal team at AlpernSchubert, P.C.

Unrivaled Experience in the Practice of Insurance Bad Faith Litigation

Throughout Western Pennsylvania, no other law firm has a reputation for handling as many plaintiff’s-side bad faith insurance claims as we do. Bad faith insurance is a highly technical area of law that many firms have little experience with, but for us, it’s one of our primary areas of practice. Standing up for people whose insurance companies have let them down, especially in the context of injuries, is some of the most fulfilling work we do.

Exclusive Representation for Plaintiffs, Never Insurers

Unlike other attorneys who work for both sides, we only ever advocate for plaintiffs. We practice law to help people, not just for the money, and that means we won’t put our efforts to work protecting insurer’s profits at the expense of the insured. Instead, we always focus on getting our clients the outcomes they deserve, even in the face of claim denials, unjustified disputes, and unreasonable delays.

Comprehensive Assistance for Bad Faith Insurance Issues

UM/UIM bad faith may not be the only issue you’re dealing with, especially if your insurer has also fought you on paying personal injury protection (PIP) medical benefits or on other aspects of your claim. Our firm handles all types of bad faith insurance matters, including other types of auto insurance bad faith claims, so we’re prepared to assist you with every aspect of your case.

Contact a Pittsburgh Uninsured/Underinsured Motorist Bad Faith Lawyer at AlpernSchubert, P.C., Today for a Free Case Evaluation

When even your own insurance company isn’t on your side, you need a dedicated advocate who won’t back down from complex legal issues like bad faith actions. Our law firm is ready to fight for you, armed with the skills and knowledge acquired over more than a century of combined experience in legal practice.

For help from a UM/UIM bad faith claim attorney in Pittsburgh, PA, contact AlpernSchubert, P.C., online or call 412-556-2326 today.

Frequently Asked Questions About Uninsured/Underinsured Motorist Bad Faith Claims in Pittsburgh and Throughout Pennsylvania

Insurers typically are not eager to pay claims fairly and in full, even when the case involves your own auto insurance company in the context of an uninsured motorist or underinsured motorist claim. Some developments that could indicate your insurer is handling your claim in bad faith include:
Denying a valid UM or UIM claim without a legitimate basis
Failing to fairly or thoroughly investigate the claim
Misrepresenting the policy terms, such as claiming that you rejected coverage when you did not or misstating your coverage limits
Refusing to budge from a settlement offer that is unreasonably low
Undervaluing your damages or ignoring evidence, such as medical records or wage loss statements
Delaying payment or communication about your claim without clear justification
Failing to respond to communications or to keep you informed of your claim status
Refusing to explain in writing the insurer’s reason for denying the claim, delaying processing or payment, or making a low settlement offer
Once you begin noticing conduct that leaves you concerned about the insurer’s handling of your claim, it’s time to bring in professional legal representation.
Delays in getting the compensation you deserve are frustrating, but many claimants wonder if the pace of progress in their claim is unreasonable or simply in line with the typical insurance claims process. Some factors that can give rise to unreasonable delays in your UM/UIM insurance claim include:
A slow or incomplete investigation of fault or damages by the insurer
Redundant requests for the same records repeatedly
Reqests for unnecessary documentation, often as a means of stalling
Disputes over medical causation, including whether the claimed injuries are accident-related
Internal disputes within the company over coverage or authority to pay
Overuse of “independent medical examinations” (IMEs)
Failure to produce discovery materials and documentation promptly
Scheduling delays, including stalling on the part of the insurer in selecting arbitors
Waiting for proof of no valid coverage (in UM claims) or exhaustion of liability coverage (in UIM claims)
Failure to communicate with the insured promptly, which can delay the submission of required documentation or paperwork
Often, delaying processing or payment of claims is a tactic used to pressure the insured into accepting less than the fair value of the claim. If this conduct rises to the level of bad faith, you have legal recourse to pursue not only the compensation you deserve for your auto accident but also remedies under Pennsylvania’s bad faith law.
In underinsured motorist claims, specifically, you generally need to establish that the other driver’s insurance coverage is not sufficient to fairly compensate you for your losses. Generally, Pennsylvania’s insurance system requires that you exhaust, or use up, the limits of the other driver’s policy before you are entitled to UIM benefits through your own insurer.
Often, auto insurers in UIM claims require documentation that you have received a settlement or payment from the at-fault driver’s insurer that exhausts their coverage. This means that you will be asked to submit proof of the at-fault driver’s insurance limits and evidence of settlement or payment. If you can’t provide this documentation or if you settled with the at-fault driver’s insurer for less than the full policy limits, your auto insurer is likely to deny or dispute your UIM claim.
When you’re facing a challenge from your insurer in a UIM matter, it helps to have professional legal counsel on your side. We analyze policy language, demand a written reason for disputing exhaustion or denying the claim, and gather and submit any further documentation that supports your case.
In the event that you settled with the at-fault driver’s insurer for less than the policy limits, you will likely need to provide additional documentation or arguments, including written consent from your insurer or forms that waive the insurer’s right to object. Because your settlement with the other driver’s insurance carrier can impact your UIM claim, you should always consult an attorney before finalizing your settlement with the other insurance company.
Sometimes professional advocacy is sufficient to get an auto insurer to drop its dispute, but in other cases, the next appropriate step is to file a bad faith claim against the company. We have extensive experience securing clients the full compensation they are entitled to under PA’s bad faith law.