Ylla | Gosney Attorneys at Law represent injured car accident victims in Norman, Oklahoma. If you or a loved one has an insurance claim after being injured in a car accident and your claim is denied, then you may have a bad-faith claim. Bad faith could mean the insurance company is ignoring you, dragging your claim out, offering ridiculously low-ball offers, or denying your claim without good reason.
If this sounds like your situation, then Ylla | Gosney can help. By law, insurance companies are required to act in the best interest of their policyholders, and we will hold them responsible for the full extent of the damages you’ve suffered after a car accident.
Contact us today for a free consultation and see what legal options are available for your situation.
Next 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. 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 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.
What is an Insurer’s Obligation?
Insurance policies are contracts between the insurer and a policyholder. Oklahoma law requires that both parties have a duty of “good faith” to act in a manner that fulfills their obligations as stated within the insurance contract. Neither party can interfere with a party’s right to receive benefits. Typical insurance contracts require insurance companies to:
- Pay claims when the policyholder experiences a potentially covered risk
- Provide the policyholder with a legal defense against third-party claims
- Investigate a claim to determine who is liable for the injury
- Use good faith attempts to settle claims against the insured
Difference Between a Claim and a Lawsuit
In personal injury matters like car accidents, you can sue the person who caused your injuries by filing a lawsuit. So, let’s say you’re driving in downtown Norman on East Main Street and a driver runs a red light, crashing into the side of your car. You suffer serious injuries, along with damage to your vehicle. In these cases, it is normal to file a lawsuit to recover compensation for your damages.
A lawsuit is typically filed with the courts and notifies the at-fault party (the driver who hit you) of the allegations and the damages they are responsible for. The liable party will send the lawsuit to their insurance company, and an insurance adjuster will be assigned to investigate the claims within the lawsuit. If the adjuster finds the insured person is liable for causing the claimant’s injuries, the company may make a settlement offer to resolve the lawsuit.
The difference between a claim and a lawsuit is that a lawsuit can go to trial and be decided by a judge or jury. Claims are matters typically handled between an insurance company and its policyholder. However, insurance companies do not always act in the best interest of their policyholders. This is considered “bad faith,” and thus, lawsuits can be directly filed against the insurance company if they fail to provide proper coverage for its policyholders.
How Long Does it Take to Receive Compensation After an Insurance Claim?
Insurance companies must conduct an investigation within 15 days of being notified of a claim. Also, insurance companies have 40 days to accept or deny a claim. If your claim is straightforward and liability is not an issue, your claim can be solved in a matter of days. However, if establishing liability is an issue or if there are significant injuries involved, your claim can take longer. Proving liability takes time, often stretching cases out by many months or years.
To speed up your claim, you can provide the insurance company with irrefutable evidence such as medical records, photos, and witness contact information. Once your claim has been investigated, you’ll most likely receive a settlement offer from the insurance company. This amount typically provides you with the amount necessary to pay for your car repairs and medical treatment after the accident. The majority of these offers, however, are “low-ball” offers. Insurance companies typically offer as little as possible as far as settlements, or they will outright deny a claim, as they’re looking out for their bottom line instead of fully compensating you for your damages.
If you’ve found yourself in a situation like this, we can help. Contact Ylla | Gosney today for a free review of your case.
How are Payments Received for an Insurance Claim?
If you and your insurance adjuster agree on a settlement amount, your insurance company will require you to sign a release form before your payment can be issued. The Oklahoma Insurance Department requires all insurers to issue payment within 30 days of accepting the claim. However, some insurance policies include a waiting period that can extend this duration. A payment from your insurance claim can come in the following forms:
- Direct payment via check or electronic deposit
- Payment to your service providers such as your medical providers or vehicle repair shops
- A payment to your lien holders
If your claim is denied, you can still recover compensation by filing a lawsuit against the insurance company. The Oklahoma Unfair Claims Settlement Practices Act 36 O.S. § 1250.1 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. At Ylla | Gosney, we can advise you on your legal options and inform you about the damages you are entitled to based on the details of your car accident.
Steps to Avoid Improper Treatment from Your Insurance Company
Unfortunately, policyholders will get taken advantage of by their insurers if they’re not careful. But, taking the time to understand how to avoid mistreatment from insurance companies can save you from a very stressful situation, or let you know when it’s time to consult with a lawyer. The following are actions you should avoid when dealing with a car accident insurance claim:
- Be mindful of giving recorded statements to the insurance company: recording a statement for your insurer is common, but they may attempt to record you saying something that can damage your claim in the long run. For example, they may get you to say you’re not that hurt, your pain is minimal, or the damage hasn’t changed your life that much. They can take these statements out of context and use them against you in court.
- Avoid accepting early/lowball settlement offers: injuries get worse over time, and the cost of damage done to your life can also grow as the years go by. By accepting an early offer, you eliminate any chance of a doctor or healthcare planner evaluating the long-term financial damage you may face after an injury.
- Don’t allow the insurance company to reduce the value of your damages: insurance adjusters commonly claim medical costs are unreasonable, and will change the value of your medical bills. They do this by using their “billing expert,” who will almost always find a way to reduce the value of your damages.
- Don’t allow the insurance company to eliminate vital aspects of your claim: insurance companies will use every trick in the book to avoid paying out. For example, if you claim damages for a head injury that includes several other damages, such as dizziness, depression, or difficulty performing at work, an insurance adjuster may try to eliminate one or all of your additional damages when providing a value to your claim. So, it’s important to make sure all damages are covered.
Get Legal Help with Your Car Accident Insurance Claim in Norman
If you or a loved one has been injured in a car accident in Norman, Ylla | Gosney Attorneys at Law can help you get the compensation you need. If the insurance company has denied your claim, ignored you, delayed your settlement, or undercompensated you, our firm is here to protect your right to fair compensation. We understand how to use the law against car insurance corporations in Norman, Oklahoma, and we will not hesitate to file a lawsuit against them or represent you in court until your damages are fully covered.
So, don’t wait until it’s too late to take legal action against the insurance company. Contact Ylla | Gosney today for a free consultation and case evaluation. Our firm does not require any upfront payments for our services, as we operate on a contingency basis, meaning we don’t get paid unless we win your case.