John W. Redmann | March 1, 2025 | Personal Injury
It’s never easy dealing with an insurance company after a car accident or other incident. However, the situation can get much worse if the insurer fails to act in good faith. Under Louisiana law, insurance companies must treat you fairly, handle your claim promptly, and pay what they owe under the policy. If they don’t, you might be able to file a bad faith insurance claim to recover damages.
In this blog post, we’ll discuss what it takes to show bad faith, why it matters, and how you can protect yourself if you think your insurer isn’t holding up its end of the bargain.
Understanding Bad Faith in Louisiana
Louisiana law requires insurers to adjust claims honestly and without unnecessary delays. They may be acting in bad faith when they break these rules—by denying a valid claim or dragging their feet without a good reason. Examples can include:
- Unreasonable Claim Denials: The insurer refuses to pay even when there’s clear proof of coverage.
- Delayed Payments: They take an unusually long time to issue payment or respond to your concerns.
- Incomplete Investigations: They fail to gather enough information before deciding your claim.
- Misleading Statements: They offer inaccurate explanations for denying or underpaying claims.
If you suspect these tactics, you may have grounds for a bad faith lawsuit. The key is to prove the insurer’s actions went beyond a simple mistake—they knowingly or recklessly mishandled your claim.
Key Elements You Must Prove
To win a bad faith insurance claim in Louisiana, you typically must show two main points:
- The Insurer Owed You Duties: Since you have a policy with them, they’re required to treat you fairly and process your claim in compliance with state laws.
- They Violated Those Duties Without Justification: Their actions caused you extra harm—like financial losses, emotional stress, or even legal fees—and they did it without a valid reason.
Demonstrating a breach of duty can be tricky. You’ll likely need records of every interaction, copies of letters or emails from the insurer, and any evidence of delays or unjustified denials.
Steps To Strengthen Your Case
Keep the following in mind so that you can make your claim as strong as possible:
- Keep Detailed Records: Write down every phone call, email, or letter from the insurance company. Note the date, time, and content of each conversation. This helps show if there’s a pattern of delays or misleading statements.
- Save Important Documents: Keep copies of your insurance policy, medical bills, repair estimates, and any claim forms you’ve submitted. Also, save any denial letters or partial payment explanations.
- Show Clear Damages: Maybe you had to pay out of pocket for repairs while waiting, or perhaps you missed work because they wouldn’t issue funds. Tangible proof of these losses can make your case stronger.
- Consult Experts if Needed: If you have complex injuries or high repair costs, an expert’s opinion can confirm what your claim is actually worth. That can reveal when an insurer is underpaying on purpose.
- Get Legal Help Immediately: An attorney familiar with Louisiana’s insurance laws can guide you through the process, file the right paperwork, and negotiate on your behalf.
Most lawyers in this area of the law offer a free consultation to review your case.
A Trusted Bad Faith Insurance Lawyer Can Help You
Proving bad faith in an insurance claim can be challenging but not impossible. By keeping detailed records, showing how the insurer’s actions hurt you financially, and working with an experienced bad faith attorney who understands Louisiana law, you can build a solid case.
Most importantly, you have options. You deserve fair treatment when you pay for coverage—so if your insurer isn’t following the rules, you can fight back.
If you were injured in an accident in Metairie or Gretna, Louisiana, and need legal help, contact our bad faith insurance lawyers at The Law Office of John W. Redmann, LLC, to schedule a free case review today.
We serve Jefferson Parish County and Louisiana’s surrounding Areas
The Law Office of John W. Redmann, LLC – Metairie, LA Office
2901 N Causeway Blvd, STE 202
Metairie, LA, 70002
(504) 500-5000
The Law Office of John W. Redmann, LLC – Gretna, LA Office
