Legal Question in Insurance Law in Georgia

Is this bad faith?

A year ago today, I was injured when I was rear-ended. Followed all the steps in getting medical help and spent the next four months going to PT and trying to recover. At the end of treatment, I sent all the bills to the insurer that is responsibile... my medical bills are $12,500.

First... they claim that the drs I went to were not real drs. The drs that I went to quickly changed that with letters of qualification, etc.

Then came the bills are too high and they will only pay $3,500 that my injury.. compressed nerve between 4th and 5th lumbar only required three visits and aspirin to heal.

They demanded that I sign a full medical release for my entire medical history, I refused and said that I would sign a release from the point of incident to the end of treatment. They refused.

Then they want my medical records for the incident, I tell them not a problem and that I will hand carry them to her. She refuses. I have sent them a copy and the Dr has sent them a copy and they have acknowledged receipt of them.This is the third set of copies of the same thing she has asked for!

At what point,does this become bad faith?


Asked on 10/15/03, 9:29 am

1 Answer from Attorneys
Barry Noeltner Barry S. Noeltner, P.C.

Re: Is this bad faith?

Unfortunately, there is no "bright line" test for what is or is not bad faith. You might want to take a look at Ga. Code Section 33-4-7, which imposes a duty on the insurer to make a good faith effort to settle the case. However, good faith is not defined, and if prior case law is followed, the insurer may be able to be in good faith by having a claim dispute as to fact or law which is reasonably applicable to your case.

However, it seems to me the larger issue is whether to spend your time proving bad faith on the insurer's part, or spending it to obtain a fair sum for your injuries. My suggestion is to do the latter. It sounds like you're dealing with a tough adjuster, and if you can't resolve the claim with the adjuster, then your only option is to file suit against the other driver, within the statute of limitation.

Since the adjuster has disputed the nature and extent of your injuries and medical treatment, you may want someone to look at your records and give you a better feel for the issues and how best to address them. This office routinely handles claims like yours, as do many other firms in the city. Since a year has now gone by, you should have someone look at your case as soon as possible.

I hope I have been of some assistance. Best wishes and good luck with your claim.

Barry Noeltner

404-888-9998

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Answered on 10/15/03, 5:05 pm


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