Kirk Bernard´s Advice for Dealing with Insurance Company Bad Faith after an Auto Accident

Kirk Bernard
Auto insurance companies, especially large insurance companies that operate in many states, can be incredibly difficult to deal with, even if you are a client who has purchased insurance from them for many years. Always remember that auto insurance companies are in business to make money. Despite the television commercials that imply that they will stand by you when you´ve been in an auto accident, the sad fact of the matter is that sometimes they don´t. It´s unfair to tar all auto insurance companies with the same brush, but some insurance companies attempt to limit payments on claims, thinking that their clients will settle early and for less than they are entitled to receive. Insurance companies acting in bad faith in order to keep from paying out larger claims happened so often in Washington that a new law was enacted late in 2007.

This law allows insured people who have suffered losses in accidents to bring claims against their insurance company for unreasonable claim practices. Under this law, if an insurance company is found to have acted in bad faith, an injured client can be awarded triple damages and attorney´s fees if the company has not followed Washington´s fair practice regulations. The law states that bad faith insurance practices are actionable and insurance companies are required to respond to a client´s claims in a timely manner. If the company is going to deny a claim, they must state the reasons for the denial, reference the policy provisions in the client´s policy, and provide an explanation of how these provisions apply to the facts of a client´s case.

If a client can show that their insurance company acted in bad faith or engaged in unfair conduct, under these insurance regulations, they can file a separate claim against their company no matter how the underlying claim is resolved. However, even though these regulations enforce responsible and equitable behavior on the part of insurance companies, some of them still try to delay the processing of claims and payments in order to get their clients to settle for less.


Clients who are tired of dealing with telephone menus, being put on hold for long stretches of time, and getting the runaround from their insurance company may wish to have an attorney deal with the company for them. As an experienced Washington personal injury attorney, Kirk Bernard has a great deal of experience dealing with auto insurance companies and can relieve his clients of the hassles and delays of contacting insurance companies acting in bad faith and delaying the payment of claims unnecessarily.

Under Washington´s bad faith regulations, policyholders who find that they need to sue their company are required to mail a written notice of potential litigation to their insurance company, and to the state´s Office of the Insurance Commissioner no less than 20 days before the lawsuit is to be filed. Insurance companies are required to acknowledge each client´s phone calls and correspondence, promptly investigate each claim and equitably settle valid claims. It is very important to note that the law only applies to claims filed by insured people to their own auto insurance company. This legislation does not cover claims made by someone to another person´s auto insurance company.

Probably the best way to deal with insurance company bad faith after an auto accident is to contact a lawyer experienced in dealing with insurance companies and their attorneys. Usually, correspondence on a law firm´s stationery can expedite the claims process and help a client receive a fair settlement in a timely manner. It bears repeating: insurance companies are in the business of making money—not disbursing it. If you´re dealing with an auto insurance company acting in bad faith after an accident, you may wish to contact an experienced Washington personal injury lawyer at The Bernard Law Group to investigate the case and explain your options under the law.
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Kirk Bernard

For more than 20 years, Kirk Bernard has been a civil litigator working to help protect the rights of personal injury victims. In obtaining millions of dollars in settlements and verdicts for his clients, Kirk Bernard´s efforts have assisted Washington accident victims in receiving the compensation they need to help pay for expenses associated with their injuries brought on by another individual´s negligence.

Inspired by his father, Saul Bernard, who tried hundreds of cases beginning in the 1930s, Kirk Bernard strives to uphold the family-rooted objective of making a difference to those who have been wronged by another. In addition to being a skilled Seattle personal injury attorney, Kirk Bernard is also a member of ATLA, the Consumer Attorney´s Association, and an eagle member of the Washington State Trial Lawyers Association.

In his many years of experience litigating injury cases, Kirk Bernard has the legal knowledge and skills to help any personal injury victim or family members of a wrongful death victim in obtaining justice for the harm that has befallen upon them.

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