my insurance and its preferred repair shop has broken many CA laws , can i sue for bad faith if insurance denied claim without investigating and even tried to cover up illegal acts by them and its repair shop?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

my insurance and its preferred repair shop has broken many CA laws , can i sue for bad faith if insurance denied claim without investigating and even tried to cover up illegal acts by them and its repair shop?

crash parts were installed on my car without my knowledge or consent by a auto body shop that my insurance referred me to and subsequently rendered my car useless.

Asked on September 13, 2018 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your question essentially answers itself: if an insurer tries to cover up illegal acts and will not even investigate its claim, it is not acting in good faith in regards to the other party (you) to the contract (the insurance policy you took out; insurance policies are contracts). The law imposes a duty of "good faith and fair dealing" on all parties to contract--this is what it sounds like, an obligation to act in good faith in regards to the other party, and not do things or take steps which would deprive the other party of the "benefit of the bargain" or contract. What you describe, if true, would be a breach of this implied (added by law) covenant of good faith and fair dealing, and so would allow you to sue on that basis.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption