Tulsa Bad Faith Car Accident Lawyers
Holding insurance carriers accountable when they refuse to negotiate in good faith
Insurance companies are required to negotiate in good faith. Liability insurance adjusters have the right to investigate the car accident and assert their defenses. What they can’t do is deny valid claims. They also can’t refuse to cooperate or refuse to make reasonable offers when the facts are not in dispute.
At Biby Law Firm, we hold people accountable when they cause car accidents that result in injuries. We’ve obtained 70 settlements and verdicts for $100,000 or more. Our reputation for aggressive and thorough representation is why most insurance companies negotiate with us in good faith.
Still, there are times when insurance adjusters bargain in bad faith with our clients and with us. Fortunately, we understand how to hold these adjusters accountable, too. Our Tulsa insurance bad faith lawyers hold insurers and adjusters accountable for their refusal to comply with their duty of fair play. Contact us to learn more.
What are examples of bad faith car accident negotiation?
Both the liability insurance company for the defendants and your own insurance carrier are required to negotiate in good faith. Some examples of bad faith actions include:
- Not promptly investigating your claim
- Not promptly inspecting your vehicles
- Not responding to telephone calls, emails, and letters
- Making demands for documents they already have or can easily obtain on their own
- Refusing to make a settlement offer that is consistent with other similar cases and injuries
- Making settlement offers they know are much less than the claim is worth
- Asserting legal arguments about coverage or liability that aren’t true
- Switching insurance adjusters to delay responding to your claim
- Asserting medical positions they know are unwarranted
- Refusing to disclose the policy limits
- Refusing to supply relevant documents
Will my own insurance company act in bad faith if I’m injured in a wreck?
Sometimes, yes – it will. It’s not just the insurance companies for defendants that bargain unfairly. It’s important to note that your own carrier may bargain in bad faith. Some insurance adjusters may attempt to use the same bad faith tactics and strategies that liability adjusters use if you make a UM/UIM claim. Those tactics may include:
- Refusing to admit liability when you’re struck by a hit and run driver
- Refusing to admit liability in clear cases such as when a drunk driver struck you – even when the driver has been convicted for driving under the influence
- Refusing to negotiate when the damages are clearly more than the insurance policy limits
- Refusing to negotiate fairly when an Uber or Lyft is involved in the accident
The good news is that Oklahoma’s laws protecting drivers in UM/UIM claims are robust and driver-friendly. Insurance carriers are required to treat drivers fairly, allowing them to stack their coverage and make UM/UIM claims through your insurance and the other driver’s insurance. If your carrier wrongfully denies your claim, you could have a good case for a bad faith action.
What damages do Tulsa bad faith insurance lawyers seek?
When insurance adjusters negotiate in bad faith, our Tulsa car accident lawyers seek all the damages that apply. These damages include:
- Financial Losses Suffered
- Embarrassment and Loss of Reputation
- Mental Pain and Suffering
In Oklahoma, punitive damages can also be assessed against insurance carriers who negotiate in bad faith. Oklahoma law provides that if “An insurer has recklessly disregarded its duty to deal fairly and act in good faith with its insured; the jury, in a separate proceeding conducted after the jury has made such finding and awarded actual damages, may award punitive damages in an amount not to exceed the greater of “One Hundred Thousand Dollars ($100,000.00), or the amount of the actual damages awarded.” However, if an insurer acted intentionally then it can be liable for punitive damages of no more than the greater of $500,000.00 or double the actual amount of damages determined by a jury.
Speak with an experienced Tulsa bad faith insurance lawyer
At Biby Law Firm, we understand how much car accident victims want to settle their claims quickly and for the correct amount. We are often able to settle cases instead of trying them in court. When adjusters negotiate in bad faith, however, we’re prepared to present your case before a judge and jury. For help with any car accident in or near Tulsa, call our respected lawyers at 918-574-8458 or use our contact form to schedule an appointment. We handle car accident cases on a contingency fee basis. We proudly serve the communities of Broken Arrow, Bixby, Claremore, Jenks, Sand Springs, Sapulpa, Wagoner, Muskogee, and the surrounding areas.