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Tulsa Bad Faith Insurance Attorney
You pay for insurance in case of an emergency, so it’s fair to expect an insurer to cover you when the worst happens. Unfortunately, that isn’t always the case. You may have filed a claim with your insurance company, but they refused to pay benefits. Or maybe after submitting a claim with an at-fault party’s insurer, they made a dismal settlement offer. You are likely upset, thinking they’re acting in bad faith or trying to cheat you.
There’s a difference between bad faith insurance practices and the insurance company not meeting your expectations. In some cases, you may have had a valid claim. However, the conditions of the insurance policy may have excluded certain items from your claim, resulting in a smaller check. Other times, though, an insurance company may be trying to take advantage of you and acting in bad faith.
A Tulsa bad faith insurance attorney from Edwards & Patterson Law can review your claim and determine whether you have grounds to file a lawsuit against the insurance carrier. We offer a free consultation, so contact us today.
What Is Insurance Bad Faith?
A bad faith insurance claim can be made if an insurance carrier fails to uphold its contractual obligations to its policyholder. Maybe they denied a routine medical procedure or offered a settlement much lower than the claim’s true value to someone injured by their insured’s actions. Insurance companies are expected to treat each claimant in good faith.
Your insurance policy is a contract between you and the carrier. You pay your insurance policy premiums on time each month. In return, the carrier honors the policy terms if you need to make a claim. If the insurance company fails to honor its side of the contract with the policyholder or a claimant, then they may have grounds to pursue bad-faith litigation against the carrier.
What Are Some Examples of Bad Faith by an Insurance Company?
These are a few examples of insurance bad faith actions:
- Denying a claim without advising the claimant of the reason
- Denying a claim for illegitimate reasons
- Failure to promptly or adequately communicate with the claimant
- Delaying investigation into a filed insurance claim
- Conducting an inadequate or no investigation into the claim
- Offering to settle the claim for less than its true worth without explanation
- Refusing to pay for covered losses outlined in the policy
- Refusing to pay for doctor-approved, medically necessary treatment
- Asking for multiple copies of the same documentation
- Asking for an unreasonable amount of documentation
- Harassing or threatening the claimant
- Altering the policy or changing it after a claim is filed
These are just some of the many ways an insurance company acts in bad faith, so ask a knowledgeable attorney about your situation.
Does Oklahoma Have Laws in Place for Bad Faith Insurance?
Oklahoma insurance laws include establishing a fiduciary duty of the carrier to the policyholder. This means the insurance company should treat its customers fairly and comply with the policy terms. Oklahoma permits policyholders treated in bad faith by the insurance company to file a civil action for damages.
What Types of Insurance Could Warrant a Bad Faith Claim?
Any insurance policy, both commercial and personal, has the potential to end up with a bad faith claim, including:
- Motor vehicle insurance
- Life insurance, both whole-life and term
- Renter’s or homeowner’s insurance
- Health insurance
- Long-term disability insurance
- Travel Insurance
- Pet insurance
- Commercial property or liability insurance
Is an Insurance Claim Denial the Same as Bad Faith?
Not every insurance claim denial is in bad faith. An insurance company may deny a claim for valid reasons, such as a lack of supporting evidence or because the policy did not cover the claim.
There’s a gray area in which an insurance company may deny what it believes is an unreasonable claim. You may see this often in medical claims. If the policyholder requires an expensive treatment or is filing for coverage for alternative medicine, the carrier may deny the claim. Or a carrier may deny an “experimental” procedure. A lawyer can often help you build a case for why your submitted claim was reasonable and fell within the insurance policy’s coverage.
However, a bad faith denial might occur if the insurer refuses to investigate the claim or blatantly refuses to pay when liability is clear.
What Do I Do After an Insurance Claim Denial?
You may have the option to appeal a denied claim with the insurance carrier itself. Many carriers have a procedure for the claimant to appeal the claim. However, there’s a good chance they will deny your appeal, too, unless you can present additional support for your claim.
Instead, contact a lawyer with experience handling bad faith insurance claims. They can help you build a stronger claim to get your appeal approved or file a lawsuit against the insurer for bad faith.
How Do I Show the Insurance Company Acted in Bad Faith?
Your attorney must prove that the insurance company violated its fiduciary and contractual duty to you. In some cases, your lawyer may have expert witnesses establish that your claim was reasonable under the relevant policy’s terms. In other cases, the insurer may have a history of bad dealings, which could be used as evidence of bad faith.
Can I Sue My Insurance Company If They Acted in Bad Faith?
If your insurance company is not acting in good faith and negotiations or settlements haven’t yielded a resolution, it may be time to consider filing a lawsuit. To navigate this complex process effectively, it’s essential to seek the guidance of an experienced bad faith insurance attorney. With legal representation, insurance companies often become more cooperative and willing to settle out of court. However, if they continue to be uncooperative, your attorney will work to build a strong case and advocate on your behalf in court if necessary.
What Can Be Recovered in a Bad Faith Insurance Lawsuit?
You’re entitled to demand the full value of the initial claim plus the losses you suffered because the initial claim was denied. This could be the cost of additional medical care because you could not get your initial treatment paid for. You may also be owed compensation for the emotional distress that the prolonged anxiety of resolving your claim caused.
Does Oklahoma Have a Time Limit for Filing an Insurance Bad Faith Claim?
Yes. In Oklahoma, the statute of limitations for filing an insurance bad faith claim is within two years from the date the bad faith conduct occurred or was discovered.
Contact a Tulsa Bad Faith Insurance Claim Attorney
Have you been treated unfairly by your insurance carrier? If you believe your insurance company did not fulfill their obligation to you, or if your valid claim against another party’s insurance was handled in bad faith, you may have a case to pursue damages in civil court.
Contact Edwards & Patterson Law today. We can help you understand your options in a free initial consultation with a Tulsa bad faith insurance lawyer.
