When accidents occur and people are injured or property is damaged, insurance companies know exactly what the policy covers and they usually know exactly what they are legally bound to pay out. Unfortunately, these companies sometimes act unscrupulously after claims are filed in an effort to minimize or even completely avoid payouts. Insurance adjusters and even insurance company lawyers may not deliver you the compensation you are entitled to.
This is referred to as bad faith insurance. Generally, people should be able to trust their insurance company to act in “good faith.” In other words, there is a reasonable assumption that an insurance company should act fairly towards its policyholders and should abstain from using deceptive practices against them. Policyholders do have an option to file a bad-faith lawsuit against an insurance company acting in bad faith
If you have filed a claim with an insurance company, you have likely experienced an incredibly rough time trying to get the compensation you deserve. When you ask an insurance company to pay your costs and experience resistance and denial instead, you may be heading for an insurance dispute.
At our Tulsa law firm of Richardson Richardson Boudreaux, we help individuals, families, and businesses in insurance disputes and have consistently recovered the money they deserve.
ELEMENTS OF A BAD FAITH INSURANCE CLAIM
An insurance company can act in bad faith by withholding benefits or denying your claim for an invalid reason, but laws vary by state.
To file a bad-faith lawsuit against an insurance company in Oklahoma, the insured must prove:
- He/she was covered under the insurance policy,
- The insurer’s actions were unreasonable according to the circumstances,
- The insurer failed to treat the insured with fairness and good faith while handling his/her claim,
- And this breach or violation of good faith and fair dealing directly caused his/her damages.
Proving all the elements of a bad faith claim may be daunting for those unfamiliar with the process. Fortunately, our attorneys have over 150 years of combined experience handling insurance cases.
WHAT IS AN INSURANCE DISPUTE?
Insurance companies do not have the right to use aggressive or intimidating tactics in order to scare you into dropping a claim or settling a claim for less than its full value. They do not have the right to unfairly deny your claim.
After recent injury, fire damage, or damage to your property or your businesses property, did your insurance company:
- Deny your insurance claim?
- Attempt to settle your claim for what seems to be an unfairly low amount?
- Fail to pay for your damages in adherence with policy provisions?
- Treat you fairly?
We are highly experienced in representing consumers, car owners, business owners and homeowners in insurance disputes involving:
- Automobile insurance
- Homeowners’ insurance
- Fire loss
- Denied claims
- Earthquake damage
Below is an example of the experienced representation our firm provides:
Our client, when represented by another attorney, was offered $6500 for a fire loss. After hiring Richardson Richardson Boudreaux our client recovered over ten times that amount.
WHAT YOU CAN RECOVER
While our firm is skilled in resolving insurance disputes, we are not afraid to back down and must occasionally go to trial on behalf of our clients.
When we file suit against an insurer on your behalf, you may be able to recover both actual and consequential damages, including those for:
- The benefits you were originally entitled to
- Costs incurred after your initial claim
- Emotional distress
- Attorney fees
If your insurance company’s behavior was especially inappropriate, you may also be awarded punitive damages. These damages are designed to punish the insurer and discourage other companies from acting similarly in the future.
Whether we are pursuing a settlement or verdict on your behalf, our legal team is dedicated to maximizing the amount you recover from insurance companies.
CONTACT OUR FIRM TODAY
Our aggressive and experienced trial attorneys have successfully handled numerous insurance bad faith claims, and can answer your questions. Before dropping a claim, settling a claim for less than its full value, or agreeing to be deposed under oath by your insurer, contact our firm.