Parts were stolen, swapped or installed on my car at insurance referral body shop without my knowledge or consent..

UPDATED: Oct 1, 2022

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Parts were stolen, swapped or installed on my car at insurance referral body shop without my knowledge or consent..

Can I use for bad faith if insurance
failed to properly and thoroughly
investigate my claim of theft As well as
deny claim outright even though
liability is clear?

Asked on September 17, 2018 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can sue them for both breach of contract (not paying when, under the terms of the policy and the facts, they should have paid) and for breach of the "implied covenant of good faith and fair dealing" (different states may use different terms for this, which is the requirement, imposed on all parties to contracts (insurance policies are contracts) that they deal fairly with the other side and do not intentionally act in a way that would destroy the value of the contract/policy to the other. You would need to prove in court that the facts, as applied to the terms of your policy, show that the insurer should have honored the claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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