Michael D Herman | July 13, 2026 | Car Accidents
Auto Insurance Bad Faith: When Insurers Refuse Valid Claims
Insurance companies have a legal duty to handle your claim fairly. When they don’t, California law gives you a separate path to hold them accountable.You paid your premiums. You filed your claim honestly. And still, the insurance company is delaying, lowballing, or flatly denying a claim that should have been paid. If this sounds familiar, you may be dealing with something beyond ordinary claims friction. You may be dealing with bad faith.
California law recognizes that insurance companies owe policyholders a duty of good faith and fair dealing. When an insurer breaks that duty, you may have a legal claim entirely separate from your underlying accident case, one that can recover damages the original policy never covered.
What Insurance Bad Faith Actually Means
Every insurance policy in California carries an implied covenant of good faith and fair dealing. This means the insurer is legally required to investigate claims fairly, communicate honestly, and pay what is owed without unreasonable delay. When an insurer violates this duty, whether it is your own insurer (first-party bad faith) or the at-fault driver’s insurer failing to settle within policy limits (third-party bad faith), you may have grounds for a bad faith claim.
Bad faith is not the same as simply disagreeing with a settlement offer. Insurers are allowed to dispute claims, request documentation, and negotiate. Bad faith occurs when the insurer’s conduct crosses from legitimate dispute into unreasonable, unfair, or deceptive claims handling.
Eight Signs You May Be Facing Bad Faith
Recognizing bad faith conduct early protects your claim and gives your attorney time to document the pattern before it worsens.
The insurer takes far longer than necessary to investigate or respond, with no legitimate explanation for the delay.
Your claim is denied without a clear, specific, written reason tied to actual policy language or evidence.
The insurer never interviews witnesses, inspects the vehicle, or reviews medical records before denying or undervaluing your claim.
The offer is far below the documented damages and the insurer cannot explain the number when asked directly.
The insurer tells you coverage does not apply when the actual policy language says otherwise.
You are repeatedly asked for the same records or new paperwork with no clear purpose, slowing the claim indefinitely.
The at-fault driver’s insurer refuses a reasonable settlement offer within policy limits, exposing their own insured to a larger judgment.
Adjusters imply you will get nothing if you do not accept immediately, or suggest hiring a lawyer will hurt your claim.
First-Party vs. Third-Party Bad Faith
Bad faith claims come in two distinct forms, and the legal path differs depending on which insurer is involved.
| First-Party Bad Faith | Third-Party Bad Faith | |
|---|---|---|
| Who Is Involved | Your own insurance company | The at-fault driver’s insurance company |
| Common Scenario | Your insurer denies your UM/UIM or collision claim unfairly | The other driver’s insurer refuses to settle within policy limits, exposing their insured to a large verdict |
| Who Can Sue | You, the policyholder, directly | Often the at-fault driver assigns their bad faith claim to you after a verdict exceeds policy limits |
| Legal Basis | Breach of the implied covenant of good faith and fair dealing | Same covenant, applied through the insurer’s duty to its own insured |
What Compensation Is Available in a Bad Faith Claim
A successful bad faith claim can recover more than the original policy would have paid. This is what makes bad faith litigation meaningfully different from an ordinary insurance dispute.
The amount that should have been paid under the policy in the first place, plus interest for the delay.
Financial harm caused by the delay or denial itself, such as additional medical debt, lost wages, or damaged credit.
Compensation for the stress and anxiety caused by the insurer’s unfair handling of your claim.
Under Brandt v. Superior Court, California allows recovery of attorney fees incurred to obtain policy benefits the insurer wrongfully withheld.
Available in cases involving fraud, oppression, or malice, calculated to punish the insurer and deter similar conduct in the future.
The Regulatory Framework Behind Bad Faith Claims
California law sets clear standards for how insurers must handle claims
The California Fair Claims Settlement Practices Regulations (10 CCR Section 2695.1 et seq.) set specific, enforceable standards for how insurers must investigate, communicate, and pay claims. Separately, Insurance Code Section 790.03 lists specific unfair claims settlement practices, including misrepresenting policy provisions, failing to acknowledge claims promptly, and refusing to pay claims without conducting a reasonable investigation. These statutes do not always create a private right to sue on their own, but they define the standard of conduct that civil bad faith claims are measured against.
Ten Questions to Ask if You Suspect Bad Faith
If your gut tells you something is wrong with how your claim is being handled, these questions help clarify whether you are dealing with ordinary friction or genuine bad faith.
Questions That Help Identify Bad Faith Conduct
- Has the insurer given you a specific, written reason for any delay or denial?
- Did the insurer actually investigate before making a decision on your claim?
- Is the settlement offer far below your documented, provable damages?
- Has the insurer misstated what your policy actually covers?
- Are you being asked for the same documents over and over with no clear reason?
- Has the insurer missed deadlines required under California claims regulations?
- Have you been pressured to settle quickly or discouraged from getting a lawyer?
- Does the insurer’s explanation change each time you ask for clarification?
- Have similar claims from other policyholders been handled the same unfair way?
- Would a reasonable person conclude the insurer is acting in its own interest rather than yours?
Steps to Take if You Suspect Bad Faith
Bad faith cases are won on documentation. The stronger your paper trail, the stronger your claim becomes.
Keep copies of every email, letter, and claim note. Follow up phone calls with a written summary email so there is a paper trail of what was said.
If an adjuster gives you a reason for a denial or delay verbally, ask them to confirm it in writing. Vague verbal explanations rarely hold up later.
California regulations set specific timeframes for acknowledging, investigating, and deciding claims. Note every date the insurer fails to meet.
Insurers sometimes rely on financial pressure to force a quick, unfair settlement. A documented pattern of delay strengthens your position rather than your need to rush.
An attorney can evaluate whether the insurer’s conduct rises to bad faith and can send formal correspondence that often changes how the claim is handled.
What Insurers Are Legally Allowed to Do
Not every frustrating experience with an insurance company qualifies as bad faith. It helps to understand where legitimate claims handling ends and unfair conduct begins.
Legitimate Insurer Conduct
- Requesting reasonable documentation to verify the claim
- Disputing the value of damages based on genuine evidence
- Taking a reasonable amount of time to investigate complex claims
- Denying coverage that is genuinely excluded under the policy
- Negotiating in good faith toward a fair settlement number
Conduct That May Cross Into Bad Faith
- Denying a claim without any investigation at all
- Repeating document requests with no genuine purpose
- Misstating what the policy actually covers
- Ignoring deadlines set by California claims regulations
- Refusing to explain the basis for a lowball offer
Why Bad Faith Claims Require Specialized Experience
Bad faith litigation differs meaningfully from a standard personal injury or property damage claim. It requires proving not just that the insurer’s decision was wrong, but that the insurer’s conduct in reaching that decision was unreasonable. This often involves internal claims handling records, adjuster notes, and expert testimony on standard claims practices in the insurance industry.
An attorney experienced in personal injury and insurance disputes understands both the underlying accident claim and the separate legal framework that governs how insurers are required to behave. That dual understanding is often what separates a claim that gets fairly resolved from one that drags on for years.
Where This Leaves You
An insurance company that delays, denies, or lowballs a valid claim is not just being difficult. It may be violating a legal duty that exists specifically to protect you. Recognizing the signs early, documenting everything, and involving an attorney before the pattern worsens gives you the strongest possible position, whether the case resolves through negotiation or through a separate bad faith lawsuit.
If your insurance claim has been delayed, denied, or undervalued without a legitimate explanation, it is worth having the situation reviewed by someone who can tell the difference between ordinary claims friction and genuine bad faith.
Think Your Insurer Is Acting in Bad Faith?
Attorney Michael D. Herman reviews bad faith insurance claims personally. Free case review. No fee unless we win. Same-day callbacks.