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What would I need to bring a successful bad faith insurance lawsuit?

Question Details: About 1 1/2 years ago, I got into a wreck which I was deemed not at fault. The night of the accident I went to the hospital and had treatments for a shattered nose, cracked eye socket, cracked cheek bone and 2 buldging vertebrae in my lower back. The next day I contacted my health insurance company and explained to them what happened and they agreed to cover all claims according to injuries from wreck. Well they covered everything except the ER visit which totaled approximately $18,000 with no insurance coverage. After calling my insurance company multiple times and explaining that the at- fault driver had low policy limits they requested a declaration sheet of both me and the at-fault driver. The at-fault driver had policy limits of only $15,000 and we aggreed upon a settlement offer to pay subrogation in an amount close to $7,500. The insurance lady stated that once they get payment that it would settle everything. Well now I found out that not only did my insurance never pay the ER claim, now it's in collections and on my credit report and all.

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