Getting into a car accident in Oklahoma City and filing an insurance claim is stressful enough. But when an insurance company responds by using “bad faith” tactics to prioritize profits over people, your situation can go from bad to worse, leaving you with unpaid medical bills, unrepaired property damages, and even more stress than the initial accident.
But that’s where Ylla | Gosney Attorneys at Law can help. We stand up for car accident victims in Oklahoma City who have had their car accident injury claim denied by holding the insurance company responsible for the full extent of damages you’ve suffered. So, if your insurance claim was denied, you have options. Contact Ylla | Gosney today for a no-cost, no-obligation consultation.
Recommended Steps if Your Claim is Denied
If your car accident injury claim is denied by the insurance company, their ruling is never final. Injured victims have a right to fair compensation, which can either be negotiated directly with the insurance company or proven in a court of law. Many denials are challenged and turned into successful settlements, especially if the denial is based on incomplete information or unreasonable in any way. Here is a step-by-step guide on what to do next after your claim is denied:
- Review the Denial Letter: Insurance companies are required to provide a written explanation, citing specific policy terms and reasons. Understanding why your claim was denied will be essential to proving why you have a valid claim.
- Request a Detailed Explanation: Insurance companies will attempt to be vague with their reasoning, but Oklahoma Law requires insurers to provide clear reasons as to why claims are denied. So, you’re entitled to a detailed explanation.
- Gather Evidence: The attorneys at Ylla | Gosney will gladly help you with this step because it can be an arduous process, but strong evidence is needed to counter a denial. Typical evidence includes:
- Police reports
- Medical records
- Medical bills
- Photos of the scene, vehicles, injuries
- Witness statements
- Your insurance policy details
- Contact Ylla | Gosney: If you want to put the insurance company on notice and let them know you are aware of your rights and are prepared to exercise them, then contact us today. Our law firm will handle negotiations with the insurance company and file a lawsuit against them if they’re acting in bad faith against you.
What is Bad Faith Insurance?
Bad faith insurance refers to an intentionally dishonest or unfair act by the insurance company. This means they failed to meet their legal or contractual obligations and did not act in the best interest of the policyholder or person filing the claim.
Insurance companies are not required to approve every claim they receive. However, it is their duty to review the merits of each claim and make responsible decisions to handle and process it according to Oklahoma Law. The Oklahoma Unfair Claims Settlement Practices Act 36 O.S. § 1250.1, which prohibits unfair practices like failing to acknowledge claims promptly, not attempting in good faith to effectuate prompt settlements, or compelling policyholders to litigate by offering substantially less than amounts when injured victims have proven damages.
Examples of Bad Faith Insurance
Knowing when you are experiencing bad faith from your insurer can be challenging. The majority of bad faith instances occur when an insurance company denies a claim without trying to settle fairly and promptly. Elements of your case that may indicate bad faith include:
- Misrepresenting facts
- Wrongfully delaying payment of a claim
- Failing to notify policyholder that additional information is needed to process a claim
- Failing to communicate crucial information needed to process a claim
- Failing to investigate in a timely manner
- Refusing to pay on a claim even when coverage is included in the policy
- Denying a claim without proper investigation
- Denying a claim without documented reasoning
If you believe your insurance denial is due to bad faith practices, then do not hesitate to contact Ylla | Gosney Attorneys at Law to get help.
How the Law Protects Policyholders from Bad Faith Claim Denials in Oklahoma City
As is the case with all insurance companies in Oklahoma City, they are required to act in good faith on behalf of its policyholders. This involves settling demands within policy limits without excessive delays or denying claims. Unfortunately, it is common for insurers to drag out claims, deny coverage, or lowball its policyholders or victims unjustly injured by their policyholders. Fortunately, there are laws created by the Unfair Claims Settlement Practices Regulations to protect victims from these bad-faith actions, which include:
- Failing to acknowledge or act promptly on claims (15-day acknowledgment, 40-day decision rule)
- Failing to affirm or deny coverage within a reasonable time
- Failing to settle claims promptly once liability is reasonably clear
- Attempting to settle for less than a reasonable person would believe they are entitled
- Failing to provide a reasonable explanation for denial or low offer
Proving Bad Faith in Oklahoma City
To prove that your insurer acted in bad faith is not always straightforward. In order to prove bad faith, you must be able to present the following evidence:
- The Existence of a Valid Insurance Contract: There must be a valid contract between you and the insurer. The contract will outline the terms and conditions you and the insurer have agreed to. So, it is important to understand the terms of the contract and to be able to highlight where a violation occurred.
- Unreasonable Denial of Delay of a Claim: You’ll need to show the insurer denied your claim or delayed processing it without a good reason. This could occur if they ignore evidence that supports your claim, misrepresenting policy language, or applying undue scrutiny to avoid payment.
- Failure to Conduct a Proper Investigation. Insurance companies must perform a thorough investigation of each claim. If the insurer fails to investigate properly or disregards key evidence, then that would be considered bad faith. Evidence of this would be shown through claim denials without providing records of their decision or an investigation.
- Breach of Duty of Good Faith and Fait Dealing: Insurance companies are required by Oklahoma Law to act in good faith and deal fairly with policyholders. If the insurance company breaches this duty by acting dishonestly, then you can document their inaccurate statement and hold them accountable for bad faith practices.
Contact Ylla | Gosney Attorneys at Law
If you or a loved one has sustained injuries in a car accident in Oklahoma City and the insurance company has wrongfully denied your claim, delayed payment, or offered an inadequate settlement, the Bad Faith Attorneys at Ylla | Gosney can help. We understand how to use the law against insurance giants like State Farm, Geico, or Progressive. Our law firm will not hesitate to file a lawsuit against them or represent you in court until your damages are fully covered.
Don’t wait until it’s too late to take legal action. Contact Ylla | Gosney Attorneys at Law today for a free consultation and case evaluation. Our firm does not require any upfront payments for our services, and we don’t get paid unless we win your case.