Tulsa Insurance Claim Lawyers
The Aizenman Law Group Provides Guidance in How to Fight an Insurance Claim Denial: 918-215-8856
Insurance companies have resources to protect their interests when denying your claim. Our Tulsa insurance claim attorneys have the experience and resources to fight wrongful denials from the insurance company on your behalf. If your insurance claim was denied, call Aizenman Law Group today to schedule your free consultation with our Tulsa personal injury lawyers.
You Don’t Pay Unless We Win!
As a policyholder that pays insurance premiums, you expect that when you submit a claim that the company will honor the validity and/or amount of the claim. At Aizenman Law Group, we understand that this is not always the case. Insurance companies often engage in wrongful denial of valid claims. This can be highly frustrating since some companies don’t investigate a denied claim until the policyholder takes legal action through an Oklahoma insurance lawyer for wrongful claim denials.
Our Tulsa insurance claims lawyers handle claims including:
- Health Insurance– If your Oklahoma health insurance claim was denied, you have the right to send an appeal to secure the coverage you are deserved. Some reasons for health insurance claim denial may include a lapse in policy coverage, no medical necessity, no referral, and expired timelines.
- Home Insurance– When your home has been damaged by a disaster and your insurance will not pay for the repairs, you are able to seek an appeal by partnering with an insurance lawyer. Every Oklahoma homeowner’s insurance policy is different, but there are reasons that an insurance company may wrongfully deny a claim, including damage below the deductible amount, uncovered peril, maintenance issues, or misplaced liability.
- Fire Damage– If a fire damages your home or business, our Oklahoma fire insurance claim attorneys will fight to ensure you receive the maximum coverage under your policy.
- Storm Damage– If you need to send a claim for storm damage, you will most likely get resistance from your insurance company. The power of a storm can damage your home with hail, lightning, wind, or other conditions. Sometimes, storms can cause devasting roof damage, turning your home into a hazard. Our dedicated insurance roof claim attorneys can ensure your provider adequately reimburses you for your roof damage.
- Flood Insurance– Our insurance flood claim lawyers are ready to come to the rescue if your home or business is left underwater due to a forceful Oklahoma flood.
- Auto Insurance– Insurance companies can be aggressive when it comes to dealing with car insurance claims. The car accident lawyers and truck accident attorneys at Aizenman Law Group are here to help you appeal a denied claim and provide aggressive representation to help you receive maximum compensation.
- Life Insurance– Losing a loved one is a traumatic experience, and you should not have to deal with a life insurance company that may mishandle your claim. Life insurance companies can either pay, delay, or deny your claim. Partnering with our insurance claim and wrongful death lawyers can help give you support and peace of mind during this difficult time.
Insurance companies have resources to protect their interests when denying your claim. Our Tulsa insurance claim attorneys at Aizenman Law Group have the experience and resources to fight the insurance company on your behalf.
What Types of Insurance Claim Disputes Does Aizenman Law Group Handle?
- At Aizenman Law Group we are committed to helping clients settle insurance claim disputes. We understand how confusing and frustrating the process of insurance claims can be. Insurance companies have their own interests in mind, while our attorneys work for you when an insurance company has denied or undervalued your claim.
My Car Insurance Claim was Denied. What are the Next Steps?
Sometimes the insurance company will deny automobile accident claims or settle for less than the case is worth, leaving you with a severe financial burden. Understanding your coverage is essential when going through the claims process.
Types of car insurance claims coverage include:
- Bodily injury liability
- Medical payments/personal injury protection
- Property damage liability
- Collision
- Comprehensive
- Uninsured motorist coverage
It’s essential to contact your car insurance wrongful denial attorney at Aizenman Law Group to file a claim on your behalf to receive fair compensation after insurance denial or underpayment. Our traumatic brain injury lawyers and spine injury attorneys know that devasting impact motor vehicle accidents have on victims’ health and will work diligently to get you the financial support you require.
Insurance Bad Faith
What is Insurance Bad Faith?
Insurance bad faith is a legal term that is used to describe a tort claim (a legal violation of duty) filed by an insured person against their insurance company for incorrect actions. An insurance company must act in good faith in paying their claims based on their contract. This includes avoiding wrongful denial whenever possible.
Establishing Insurance Bad Faith
To establish a legal claim an insurance company is operating in bad faith, you must prove two main elements:
- The insurance company wrongfully denied benefits. Policyholders must prove their claim to the insurance was valid based on the policy terms. The insurance company must document the denial of the claim. A final demand to an insurance company for a fair claim settlement should be made before to filing a lawsuit.
- A policyholder must establish it was unreasonable of the insurance company to withhold benefits. In determining if an insurance company’s actions are reasonable, they must be objectively evaluated. This evaluation is based on the facts of the case and the circumstances surrounding the insurance company’s behavior.
Do I Have a Case?
Certain factors are considered when trying to establish insurance bad faith. These factors are not conclusive proof, but they can help establish a policyholder does have a case.
- Showing the insurance company denied the claim but did not provide a reasonable explanation for it.
- The intentional misrepresentation of a provision in the insurance policy and other relevant facts.
- Once a policyholder submits proof of loss, the insurance company fails to approve or deny their claim within a reasonable amount of time.
- Once a claim is submitted, the insurance company fails to acknowledge it.
- When it comes to the processing, or investigation of a claim, the insurance company fails to adopt and use reasonable standards to accomplish these tasks.
How To File a Bad Faith Insurance Claim in Oklahoma
If your claim has been wrongfully denied, one of our wrongful claim denial attorneys should review your case to determine whether a viable claim for bad faith exists.
Follow these important steps to file an insurance bad faith claim:
- Review your insurance contract to identify the specific violation of duty.
- Check the date on your contract to ensure that it was agreed upon before the date of your claim.
- Prove the validity of your bad faith claim by gathering all documents related to your claim including insurance reports, estimates, and photos or communication with the insurance company.
- Write a demand letter to take the final step in settling your claim before you file a lawsuit.
- File a complaint with the State Department of Insurance.
- File a bad faith lawsuit against the insurance company.
- A wrongful denial insurance attorney at Aizenman Law Group can help defend you against the insurance companies to ensure that you receive maximum compensation for your damages.
Examples of Bad Faith Claims in Oklahoma
Some of the following are instances when you might consider filing a bad faith or unfair claims handling case:
- Employee Retirement Income Security Act (ERISA) Claims: If your employer-sponsored plan denies benefits, imposes unjust delays, or imposes arbitrary rules, you may have a valid bad faith claim.
- Life, Disability, and Accidental Death & Dismemberment (AD&D): These policies exist to protect you in times of distress. Legal action is available if the insurance company drags out the payment process or fails to investigate legitimate claims.
- Personal Injury Protection: Personal injuries mean loss of income and lengthy recovery. In Oklahoma PIP policies cover medical expenses and lost wages regardless of fault. If your insurer insist, they don’t have to pay up because you caused an accident, a skilled car accident lawyer may be able to prove the insurance company wrongful denied your claim in bad faith
If you believe your insurance company has mistreated you,, contact Aizenman Law Group today. Allow our personal injury lawyers to examine your policy and help ensure that you receive fair payment on your wrongful denial insurance claim.
Statutory Bad Faith Claims
A lawsuit involving insurance bad faith can involve statutory law. A statutory claim is based on laws made by the state legislature. State laws protect insurance policyholders from companies that engage in deceptive or unfair practices. They provide details about specific actions insurance companies cannot take. Our insurance claim attorneys know how to use these laws to compensate a policyholder who is the victim of insurance bad faith.
First Party Bad Faith Insurance Lawsuits
This involves an insurance company’s refusing to pay a policyholder’s claim. This can happen when a policyholder contacts their insurance provider about a claim. In turn, insurance company alleges they are not able to pay for any repairs until the claim is investigated. The insurance company makes no effort to investigate and confirm the policyholder’s claim. This course of action could lead to a first-party bad faith insurance lawsuit.
Third Party Bad Faith Insurance Lawsuits
When an insurance company engages in bad faith behavior with a third party, it often involves liability insurance. An insurance company owes a duty to defend and pay all the costs involved with a legal defense for a particular type of lawsuit. An insurance company must pay up to the limits provided in the policy.
What Damages Are Recoverable?
Should an insurance company be proven to have acted in bad faith, it can be held liable for damages above the limits of a policy. These damages could include:
- Statutory penalties
- Attorney’s fees
- Interest
- Consequential economic loss
- Emotional stress
- And more
They could also be required to pay punitive damages, which will be determined based on the policyholder’s losses and the insurance company’s resources.
Indemnification
This is an insurance company’s duty to pay any judgment made against their policyholder. It must be done up to the limit of the policy’s coverage. An insurance company’s duty to indemnify exists for any omission or act listed as covered in the insurance policy. This will require a summary judgment in the policyholder’s favor or a trial’s factual record showing how much of a plaintiff’s claim is covered by their policy.
How an Insurance Bad Faith Lawyer Can Help
An insurance company will often pay close attention to a bad faith accusation put in writing. If the accusations appear to be accurate, it could quickly initiate a change in the position of the insurance company’s adjuster regarding settlement discussions. Insurance companies know if it can be proven they are guilty of bad faith wrongful denial, the company may be required to pay damages much higher than a policy’s limit.
During most settlements, insurance claim lawyers can use accusations of bad faith can help the process by motivating the insurance company to see the benefits of providing a reasonable settlement.
Should anyone believe they are the victim of an insurance company acting in bad faith, they should contact the Aizenman Law Group. We are personal injury lawyers with the knowledge and experience to analyze any insurance claim situation. Our Tulsa wrongful claim denial lawyers know how to negotiate a fair settlement from an insurance company and will not refuse to fight for your rights in court.
Hear it from Our Satisfied Clients!
5 / 5 stars
Great experience. Helped me all the way through and answered every question I had. Great team and very successful ending. If you are needing help, these are the attorneys to use.
Aizenman Law Firm- Tulsa Office
5800 E. Skelly Drive, Suite 575
Tulsa, OK 74135
Phone Number: 918-215-8856
