January 15, 2024
Insurance policies are designed to provide a safety net during times of need. However, there are instances where an insurance company may act in bad faith, meaning they fail to fulfill their contractual obligations to policyholders. Proving bad faith insurance handling is a challenging but essential process if you believe your insurer is not acting in your best interests.
The dedicated team at Doug Terry Law is committed to helping clients hold insurance companies accountable for their actions. With our experience in insurance law, we stand by your side to ensure you receive the coverage and compensation you rightfully deserve.
What Is Bad Faith in Insurance?
The term “bad faith“ describes an insurance provider that is attempting to renege on its obligations to a client. They may do this by refusing to pay a policyholder’s claim or failing to investigate and process a claim within a reasonable time frame.
The following are some examples of how an insurance company might act in bad faith:
- They misrepresent the pertinent facts of a claim.
- They misrepresent relevant language included in an insurance policy.
- They fail to investigate a claim thoroughly and promptly for benefits.
- They refuse to pay full benefits to an entitled claimant or policyholder.
- They delay or refuse to settle a claim even when liability is clear.
- They delay a claim or refuse to pay without any explanation.
It’s important to note that bad faith in insurance can apply to various insurance policy types, including health insurance, auto insurance, homeowner’s insurance, and life insurance.
What to Do About a Bad Faith Insurance Provider
If you think that you have a bad faith claim, you should hire a bad faith insurance lawyer who can help you confront them. Working with a lawyer helps to add legitimacy to your case and may increase your chances of being compensated fairly and promptly.
How Do I Prove I Have a Bad Faith Insurance Claim?
While working alongside a lawyer, there are several steps you can take to prove that you have bad faith insurance claim. Here are some of the most important steps involved in preparing for a bad faith lawsuit and proving your claim:
Collect Evidence
The first step to proving that you have a bad faith insurance situation is gathering evidence that supports your claim. Here are some specific examples of evidence you should start collecting:
- Keep a record of all insurance company communications, including emails and letters. If you spoke to an agent by phone, make a note of what was discussed during the call, when the call took place, etc.
- Keep all medical records and bills, as well as copies of police reports and other documents that may be relevant to your claim.
- Keep any photos or videos that are relevant to the specific event mentioned in your claim.
Send a Final Demand Letter
Part of confronting your insurance company and getting compensation is sending a final demand letter. In this letter, you should include the amount of money you’re owed and indicate that you will take legal action if the claim isn’t settled.
Your lawyer can help you draft the letter to ensure it’s clear and includes all relevant details.
File Court Documents
Your lawyer will also make sure you have filed all relevant court documents on time — and filled them out correctly. Working with a lawyer is especially helpful when going through this step, as they are familiar with the filing process and can help you navigate it (you have enough to worry about; let a lawyer walk you through document filing).
Gather Witness Statements
Witness statements can also be powerful tools when it comes to proving that you have a bad faith insurance claim. If possible, reach out to potential witnesses and ask them to make a statement describing what happened during the accident or event at issue in your insurance claim. Your lawyer can help you interview witnesses and document their statements appropriately.
Is There a Statute of Limitations for Bad Faith Insurance Cases in Oklahoma?
Oklahoma law states that the statute of limitations for bad faith insurance cases is five years. That means if it’s been under five years since you filed your claim and you still haven’t been compensated, you may be in a good position to file a bad faith lawsuit.
How to Choose a Bad Faith Insurance Lawyer
One of the most critical aspects of proving your bad faith insurance claim is choosing an adept bad faith insurance lawyer. The following are some elements to consider when deciding whom to hire:
License
First, you should ensure the lawyer you’re thinking about hiring has an active license and can legally work in your state. You can use the Oklahoma Bar Association’s Find a Lawyer search tool to find a qualified professional to take on your case.
Experience
Look for a lawyer who has experience taking on bad faith insurance cases. Find out how long they’ve been practicing, what kinds of cases they’ve taken on, and what kinds of settlements they’ve won for their clients.
Testimonials
Read testimonials from previous clients to learn more about a particular lawyer and their approach. Testimonials help you ensure you’re working with a credible individual who has your best interests in mind and will take your case seriously.
Service Areas
Learn about the lawyer’s service areas to ensure they represent people who live in your city.
Fees
Finally, be sure to ask about the lawyer’s fees and their fee structure (for example, some lawyers don’t charge you upfront and only get paid after they’ve helped you win your case).
Remember, though, that price is only one part of the equation. It can be worthwhile to partner with someone with higher fees if they also have a higher success rate.
Contact Doug Terry Law Today
Partnering with a skilled and experienced lawyer can help you build a strong case and prove that you were, in fact, the victim of bad faith. If you think your insurance company is acting in bad faith, get in touch with a lawyer right away.
If you’re looking for a lawyer who checks all the boxes mentioned above, Doug Terry Law fits the bill. Get in touch today to learn more about our legal services or to schedule a consultation.
Attorney Doug Terry
After 25 years practicing in a larger firm, Doug chose to open his own practice in Oklahoma City. He brings his wealth of knowledge and his skills as a litigator to bear for his clients in matters of insurance bad faith, personal injury cases and class actions. He won $200 million and $25 million verdicts for clients in cases in which an insurer denied a health insurance claim. Doug has the distinction of being awarded a Martindale-Hubbell “AV Preeminent” rating from his peers in the legal community. He has also been selected as an Oklahoma Super Lawyer. [Attorney Bio]
