Holding Insurance Companies Accountable in Washington

Because They Owe Duties to You
If you were hurt in a crash in Washington State, you’re not expected to be an insurance expert. Here’s the short version: most drivers carry a mix of coverages, and some of those benefits are supposed to help you, but your own insurer can still make recovery harder. The crucial difference is that your insurer owes you duties of good faith and fair dealing. At the Dalton Law Office, we make sure they honor those duties.

First Things First: What Your Auto Policy Usually Covers

If you were hurt in a crash in Vancouver, Clark County, or anywhere in Washington, you’re not expected to be an insurance expert. Most drivers carry a mix of coverages that can help right away:

  • Property damage (collision/comp): Repairing or replacing your car.
  • Personal injury benefits (PIP or MedPay): Pays medical bills (and sometimes wage loss) regardless of fault, up to your limits.
  • Uninsured/Underinsured Motorist (UM/UIM): Steps in if the at-fault driver has no insurance or not enough coverage.

You may also have rental reimbursement, towing, or other add-ons—but those three do most of the heavy lifting after an injury crash.

Quick Answers: Insurance Duties & IFCA in Washington

Does IFCA apply to the other driver’s insurer?
No. Washington’s Insurance Fair Conduct Act (IFCA) applies to misconduct by your insurer. The other driver’s insurer owes you no such duties.

What is the IFCA 20-day notice?
Before suing your insurer for certain unfair practices, you typically give a written 20-day notice and notify the Insurance Commissioner. It’s a short fuse that often prompts movement.

Do I have to give a recorded statement to my insurer?
Talk to a lawyer first. Recorded statements can be used to minimize your claim.

PIP is delaying or denying my bills—what now?
We push for prompt payment, demand written reasons tied to your policy language, and—if needed—use IFCA and bad-faith law to correct unfair handling.

How Your Own Insurer Can Still Make Recovery Difficult

Even when you’ve paid premiums for years, your insurer can feel like an adversary. Some delay or nickel-and-dime PIP/MedPay, question necessary care, or demand broad medical releases. Others push quick, low offers before anyone understands the full scope of your injuries and future needs.
With UM/UIM, the frustration can be worse. Although this coverage is for your protection, some insurers treat it like a fight with the other driver—arguing fault, downplaying injuries, or disputing the true value of your losses.
Bottom line: your own company can act adversarial—especially on UM/UIM—at the exact moment you need help.

The Big Difference—and Your Advantage

Unlike the other driver’s insurer, your insurer owes you legal duties: good faith, fair dealing, reasonable investigation, clear communication, and timely payment of covered benefits. When they fall short, Washington law gives you tools to hold them accountable—and we use them.

What Duties Does My Insurer Owe Me?

  • Good faith & fair dealing. Handle your claim honestly and reasonably, not with “gotchas” or delay.
  • Prompt, reasonable investigations. Decide based on facts—not guesswork.
  • Clear, timely communication. Give updates and reasons for decisions within a reasonable time.
  • Fair valuation & payment of benefits. Pay covered losses without arbitrary reductions or stall tactics.
  • Truthful explanations. If benefits are limited or denied, cite the specific policy terms and facts.

These duties govern first-party benefits under your policy—PIP/MedPay, UM/UIM, and collision/property claims.

When Duties Are Violated (IFCA & Bad-Faith Principles)

Unreasonable denials, unexplained underpayments, ignoring medical evidence, lowballing, or endless delays aren’t just frustrating—they may be unlawful. Washington’s Insurance Fair Conduct Act (IFCA) and bad-faith law provide leverage against your insurer for unfair practices.
Important guardrails: IFCA protections apply to your insurer. They do not bind the other driver’s company. That adjuster’s job is to protect their insured—not you. We handle those third-party negotiations and, when needed, litigation, so you’re not outgunned.
The IFCA process, briefly: Before filing certain claims, we serve a 20-day notice on your insurer and notify the Insurance Commissioner. This often forces a clear, written position—and can spur payment without a lawsuit. If not, we’re ready to file.

First-Party vs. Third-Party: What to Expect

  • First-party (your policy): You’re the insured. The company owes you duties of good faith and fair claim handling. IFCA can apply to unreasonable denials or underpayment of covered benefits.
  • Third-party (other driver’s insurer): You’re not their customer; they owe you no IFCA duties. We negotiate firmly and file suit if needed to recover the full damages the law allows.

How We Take On Insurers—and Win Fair Outcomes

We start by taking over all communications to shield you from recorded-statement traps, excessive document demands, and pressure tactics. Then we build the proof—medical records, bills, wage-loss documentation, and expert support—so the numbers reflect reality, including future care.
Next, we demand accountability: request the claim file, require written reasons for any reductions tied to specific policy language, and press for prompt PIP/MedPay payments. When lines are crossed, we leverage IFCA and bad-faith principles to correct unfair conduct and deter repeat behavior.
Finally, we negotiate from strength. Because we prepare every case as though it could go to trial, insurers know we won’t accept a discounted version of your rights. If necessary, we litigate aggressively to secure a fair outcome.

What We Do Right Away

  • Push early PIP/MedPay so treatment isn’t delayed.
  • Request the claim file and pin the insurer to written reasons for any denials or reductions.
  • Narrow medical releases to what’s truly relevant.
  • Document the full loss (future care, wage loss, and life impact—not just today’s bills).
  • Negotiate medical liens so more of the recovery stays with you.
  • Calendar deadlines and, when warranted, serve the IFCA 20-day notice before suit.

Nicole’s Take

Insurers respond to evidence and accountability. Clear documentation, a focused claim file request, and a firm timetable—backed by Washington’s IFCA—turn “we’re still reviewing” into action. We move fast so your recovery isn’t held hostage by delay.

Your Next Step

If your claim is stalled, underpaid, or denied in Vancouver, Clark County, or anywhere in Southwest Washington, we can step in quickly. Call (360) 213-0013 for a free case strategy session. We’ll make sure your insurer keeps its promises—so you can focus on getting better.