Ylla | Gosney Attorneys at Law represent injured car accident victims in Tulsa. If your car accident injury claim with your insurance is denied, don’t worry, you have options. Oklahoma law protects policyholders from unreasonable insurance practices such as “bad faith” denials, where the insurer fails to investigate, delays without cause, or denies a claim outright without a valid reason. So, whether your claim is against the at-fault driver’s insurance or your own coverage, we can help.
Our law firm has helped many injured car accident victims in Tulsa challenge denied personal injury claims and win successful settlements. Contact Ylla | Gosney today for a no-cost, no-obligation consultation to see what legal options are available after your insurance claim was denied.
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.
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.
Damages You Can Recover from a Bad Faith Lawsuit
In bad faith cases, you can recover three types of damages. These damages include contract damages, extracontractual damages, and punitive damages. Contract damages are damages representing the amount of the claim that was denied plus interest. For instance, if you have a health insurance claim for $50k that was denied, the contract claim is that amount plus 10% each year.
Extra contractual damages are damages to compensate you for any economic, emotional distress, and attorney fees. These damages are to help you recover any type of financial and emotional loss you sustained as a result of the insurer’s bad faith. For example, if you had to borrow money to pay for additional medical care, you could recover interest on that loan. Or if the insurer’s actions forced you into bankruptcy, you can recover the damage to your credit.
Punitive damages are for malicious, fraudulent, or oppressive behavior, according to Oklahoma Law 23 O.S. 9.1. These are exemplary damages, served to bad faith insurers to set an example to others as the type of conduct that is not tolerated in the state of Oklahoma. These damages are rare, but can be applied to a bad faith lawsuit if the insurer deliberately concealed relevant information or consciously violated the rights and safety of the insured.
Get Legal Help if Your Car Accident Injury Claim is Denied in Tulsa
If you or a loved one believes their insurance company, or the insurance company of a defendant, is being dishonest or has unfairly denied an injury claim, Ylla | Gosney can help. We’ve helped many victims turn denied claims into successful settlements. So, if you’re struggling to receive fair compensation from the insurance company in Tulsa, know you’re not alone in this fight.
Contact Ylla | Gosney Attorneys at Law today for a free consultation and case evaluation.