Bad faith claims against your insurer
In Louisiana your automobile insurance company has a duty to handle your claim in a good faith fashion. This is often called the good faith duty that is owed to you by your own insurance company. Louisiana law allows individuals to file a claim against their own insurance company if their insurance company has failed to deal with them in good faith when the insurance company has been adjusting or handling their UM claim. Unfortunately the good faith requirement only applies to your insurance company since your insurance company issued the policy to you. Louisiana law views this as a contractual relationship and thus imposes a duty of good faith upon your own insurance company. In contrast, the insurance company of the other driver who may have caused your accident and injury does not have any obligation to deal with you or to handle your claim in “good faith” under Louisiana law. Louisiana law recognizes that the other driver and their insurance company are adverse to you and therefore neither the driver nor their insurance company has any duty to act in good faith towards you in handling your claim against them.
