Insurance Bad Faith Lawyer
Insurance Bad Faith Attorneys in NC, SC & GA
Insurance companies collect premiums with the promise that they will be there when you need them. When the time comes to pay a legitimate claim, however, too many insurers engage in bad faith practices — unreasonably denying claims, delaying payments, offering lowball settlements, and using deceptive tactics to avoid their obligations. At Dr. Ted Injury Law, our insurance bad faith attorneys fight back against insurers who fail to honor their commitments to policyholders and claimants in North Carolina, South Carolina, and Georgia.
Insurance bad faith occurs when an insurance company fails to deal fairly and honestly with a claim. This can happen with your own insurance company (first-party bad faith) or with another party's insurance company (third-party bad faith). Our attorneys pursue bad faith claims that can result in compensation beyond the original policy limits, including punitive damages.
Common Insurance Bad Faith Practices
- Unreasonable claim denial — Denying a valid claim without a reasonable basis or adequate investigation.
- Unreasonable delay — Unnecessarily delaying the processing or payment of a claim.
- Lowball settlements — Offering significantly less than the claim is worth, hoping the claimant will accept out of desperation.
- Failure to investigate — Not conducting a thorough and fair investigation of the claim.
- Misrepresentation of policy terms — Misleading the policyholder about their coverage or the terms of their policy.
- Failure to communicate — Refusing to respond to the claimant's calls, letters, or emails.
- Threatening or intimidating claimants — Using scare tactics to discourage claimants from pursuing their rights.
- Requiring unnecessary documentation — Demanding excessive paperwork to delay or frustrate the claims process.
State Bad Faith Laws
North Carolina
North Carolina recognizes bad faith claims under the Unfair and Deceptive Trade Practices Act (N.C. Gen. Stat. § 75-1.1). A successful UDTP claim can result in treble (triple) damages. Additionally, N.C. Gen. Stat. § 58-63-15 prohibits unfair claims settlement practices. The statute of limitations is 3 years for the underlying claim, but UDTP claims have a 4-year statute.
South Carolina
South Carolina recognizes a common law cause of action for bad faith refusal to pay benefits under an insurance policy. The landmark case of Nichols v. State Farm established the right to sue for bad faith. Punitive damages are available. The statute of limitations is 3 years.
Georgia
Georgia allows policyholders to pursue bad faith penalties under O.C.G.A. § 33-4-6. If an insurer refuses to pay a claim in bad faith, the policyholder can recover up to 50% of the claim amount as a penalty, plus reasonable attorney's fees. The statute of limitations is 2 years for the underlying personal injury claim.
Types of Insurance Bad Faith Cases
- Auto insurance claims — UM/UIM claims, liability claims, and collision claims.
- Homeowner's insurance claims — Storm damage, fire, theft, and liability claims.
- Health insurance claims — Denial of coverage for necessary medical treatment.
- Disability insurance claims — Denial of short-term or long-term disability benefits.
- Life insurance claims — Wrongful denial of life insurance death benefits.
Compensation in Bad Faith Cases
Bad faith claims can result in compensation beyond the original policy limits including the full policy benefits owed, additional damages caused by the delay or denial, emotional distress damages, attorney's fees and costs, and punitive damages or statutory penalties. Our attorneys aggressively pursue these additional damages to hold insurance companies accountable.
Contact Us
If your insurance company is acting in bad faith, contact Dr. Ted Injury Law for a free consultation. We fight for policyholders and claimants against unfair insurance practices.
Related Case Results
Our client was driving home from work on Interstate 85 near Charlotte when an 18-wheeler whose driver had exceeded federal hours-of-service limits ran a red light at a highway interchange, causing a devastating multi-vehicle collision. Our client suffered a severe traumatic brain injury, multiple fractures, and required months of intensive rehabilitation. Through exhaustive investigation, we uncovered falsified driver logs and a pattern of safety violations by the trucking company. After a two-week trial, the jury returned a verdict of $12.5 million, one of the largest trucking accident verdicts in North Carolina history.
A 42-year-old mother of three went to a Charlotte-area hospital for a routine gallbladder removal. Due to the surgeon's negligence, her bile duct was severed during the procedure, leading to a life-threatening infection, multiple corrective surgeries, and permanent digestive complications. Our team retained leading surgical experts who testified that the surgeon deviated from the standard of care. The case was resolved through mediation for $9.2 million, providing our client with the resources to cover her ongoing medical needs and compensate her family for the profound impact on their lives.
A commercial truck driver lost control of his vehicle on a steep descent near Asheville when the truck's brakes failed due to inadequate maintenance. The truck struck our client's vehicle head-on, killing the 38-year-old father of two. Our investigation revealed that the trucking company had repeatedly deferred required brake inspections and that the driver had reported brake issues weeks before the accident. We settled with the trucking company and the maintenance provider for a combined $8.7 million for the surviving family.
A construction worker at a high-rise project in downtown Charlotte fell 40 feet when his safety harness, manufactured by a major equipment company, failed due to a defective buckle mechanism. He suffered a catastrophic spinal cord injury resulting in permanent paralysis from the waist down. We pursued claims against both the equipment manufacturer and the general contractor, ultimately recovering $7.8 million through settlement. The case led to a voluntary recall of the defective harness model.