Third Party Claims
We handle third party bad faith claims before the Insurance Commissioner. If you are injured in an accident caused by a third party who is insured, West Virginia law does not allow you to file a law suit against the third party’s insurance company. In other words, there is no private cause of action to allow you to sue the third parties’ insurer in Court. However, there is an administrative claim process established within the office of the Insurance Commissioner which may provide you with a remedy, including monetary damages, for any unfair claim settlement practice that the third-party insurer or its adjuster committed in the settlement of your claim.
If the other driver’s insurance adjuster treats you badly, is unfair, deceptive, lies, makes a low ball offer, refuses to treat your damaged vehicle as a total loss when you think it is, insists that your damaged vehicle is a total loss when you think it isn’t, or tries to cheat you in negotiating a settlement of your claim, you have recourse to file an administrative complaint within the Office of the Insurance Company. These “administrative claims” can be just as complicated as a first party bad faith claim that you are able to prosecute in court against your own insurance company, and as a general rule you should hire an experienced insurance attorney to assist you in the prosecution of your claim.
A third party claim within the Office of the Insurance Commissioner entitles you to force the insurance company to come forward and defend its acts or omissions and allows you to have a hearing and to be entitled to present evidence and cross-examine insurance company representatives. If successful in pursuing an administrative claim against the insurance company, you may be awarded restitution that may include (A) Actual economic Damages; and (B) noneconomic damages not to exceed ten thousand dollars ($10,000).
At McQueen Davis, we have the experience and knowledge to effectively handle your administrative claim against the insurer of the entity or person that caused you harm or damage or treated you unfairly.