Sorry that you have been having serious mental and physical issues as a result of the accident and fallout.
What kind of policies are involved?
Please include whether it is a 1st party (you retained the carrier directly with a policy designed to protect your rights and interests) or third party(where a third party acquires the information for another party.
Please also let me know the types of coverage that may be avaiable under the various policies (for example, work comp, self administered / self insured governmental or special district, general liability, D&O, disability, accidental death and dismemberment AD&D, critical illness or condition coverage, alternate limited cash benefit policies (such as Aflac and other similar providers), and EAP or medical benefits coverage programs. Many EAPs have 24 hour availabile counselors to help with medical and mental issues and some focus on military members and first responders so you will get even better service in that regard. You may want to use that benefit.
Please reply with the request info. Your "ideal" case would be a portfolio suite with every coverage under the sun written on a first party basis. The real world often ends up with just third party general liability coverage for a claim under a third party caused motor vehicle accident.
The standards are lower for these cases and more difficult to prevail on.
Please provide details on the specific coverages and a summary chronology log of when information was provided and when did they respond. For any period of delays, we examine when you sent in info and then look at the delay of when the reply was provided. We further examine their response meets the legal requirements and if any extensions of time were requested in advance and reflected a proper insurance purpose.
If you are fortunate to have a first-party policy, you can potentially recover treble damages for any unreasonable delay if you can establish bad faith violations.
I apologize I was not able to provide a definite answer. To give a comfortable indication of potential outcomes I need the additional information. Please note the above is general legal information. IT IS NOT LEGAL ADVICE and should not be used in making any decision to proceed or not to proceed. Any engagement with our firm, if accepted, would be subject to successful completion of our internal conflict check process. Hope this information is helpful in the interim.
Wishing you strength, comfort, peace for the holidays and your efforts to get insurance coverage you are entitled to receive in a timely manner.
Kind regards,
Cyrus Rajabi
Jones & Keller, PC
Answered on Dec 08th, 2021 at 2:34 AM