sharminlaw

Can the Insured Tortfeasor Assign Their RIghts to a Bad Faith Claim to the Injured Party?

Yes. Sometimes this is the best route for the injured and gives the tortfeasor some breathing room.  The injured party usually will agree to withold further action against the tortfeasor for any excess judgment until proceeding on a case against the insurer.  This typically requires immediate payment of the policy limits and other costs and assignment of the bad faith claim.  This gives the plaintiff immediate money to help with the loss from their injury while the bad faith claim is pursued. 

Waiting until after the trial may help a bad faith cliam because insurance companies are held to a higher standard of good faith after being confronted with a post-verdict offer.  Another benefit is that the insured may not have enough money and assets to collect on an excess verdict.  Your Palm Beach County car accident attorney should thoroughly investigate the assets of the defendant and any communication between the defendant and the insurer.