Can a car accident victim file a bad faith lawsuit against the other car insurance if the liability is clear but the other car insurance keeps making unfair offers or the complaint about bad faith can only be filed against one's own insurance?
Can a car accident victim file a bad faith lawsuit against the other car insurance if the liability is clear but the other car insurance keeps making unfair offers or the complaint about bad faith can only be filed against one's own insurance?
No you can't. Why would you think you would have a cause of action for that? That insurance company owes you no duty. You are not their insured. You have no contract with them. They owe you nothing. You can negotiate with them or sue them. Again, they legally owe you no duty or anything else.
Are you saying that you're going to sue the insurance company for making unfair settlement offers??
A few years ago, I had an accident, my insurance company made numerous offers that the other side considered insulting and threatened to sue. My inurance company's attorney updates me several times a year, and told me of this.
I asked her if this was going to be a big problem. They tell me they get threatened like this every day of the week, and this is what pays their rent. And if you sue, it would also allow the insurance company to drag this case on and on and on.
Are they they going shake in their boots with the threat and offer you a BIG payout?? I doubt it.
The case I was in dragged on for almost four years, and depite the plaintiiff attorney's bluster, he got no more than what was offered orginally, just to settle to case.
This is an issue of State law and may vary State to State. That being said, in every State I'm aware of you have no right to sue an adverse insurance company for bad faith. A bad faith lawsuit alleges that the insurance company owed you a duty to act fairly towards you and breached that duty. Your own insurance company definitely has a duty to treat you fairly. The other guys insurance company has no such duty.
Absolutely not. Not in any state. The insurance company owes you no duty. You have no standing.