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Under automobile insurance policies in Canada there is a section of the policy called “Section B” / “Schedule B”. If you read that content, this section of the policy essentially protects their own policy holder (not the negligent other driver) with urgent medical needs. Section B may cover expensive ambulance bills, medical aids and even provide disability benefits if you are unable to work as a result of a motor vehicle accident.
The Section B adjuster works with the injured party to help them in their recovery period. At times, a disagreement will arise as to what the injured party is entitled to under the policy. The adjuster should work with the injured person in “Good Faith” however, economic factors often create a relationship where the adjuster may appear to be working in an adverse way against the injured party who they are contractually obligated to assist. In some situations, the adjuster does not act in Good Faith which gives rise to a legal remedy in what is commonly known a claim of “Bad Faith”.
The definition of Bad Faith varies. The general definition of Bad Faith is the fraudulent deception of another person; the intentional or malicious refusal to perform some duty or contractual obligation. In different situations this action of Bad Faith can arise. A common example is the adjuster refused to pay for treatment of medical specialists despite it being recommended by medical professionals.
Remember that both parties to an insurance contract owe a duty of Good Faith to each other. The insurer relies on you to provide accurate and truthful information to assess what they should pay you, and you rely on the insurer to keep their promise to provide you with coverage in the event of certain losses.
If you or a loved one is having a difficult time with an adjuster and feel that the adjuster is working against you despite you doing everything which is required of you, call for a free legal consultation to see if you have claim.
We will often work with existing clients to help them obtain the coverage they are entitled to, but cannot seem to access, at no extra charge, by communicating with the Section B adjuster on their behalf. For more information Contact us and speak to one of our personal injury lawyers today!
Contact our office today for a free consultation. Our lawyers attempt to return calls in 24 hour notice.