Bad Faith Insurance Delays are common in injury cases. So you are in the midst of a workplace injury claim. Now you are waiting on the payments from the insurance company. If you have been waiting for an extended period of time, or the insurance company is delaying the payments in an attempt to not pay them, you may have a bad faith claim. This article will explain more about bad faith insurance delays.
Bad Faith Insurance Delays
Legally, bad faith is “…neglect or refusal to fulfill some….obligation…[due to]…sinister or interested motives. Sinister or interested motives include an insurance company attempting not to pay a policy holder in an attempt to save money. So, if your insurance is delaying payment or outright rejecting payment that is clearly under the policy, it is bad faith. You may receive some compensation if you are a victim of bad faith insurance delays.
Oklahoma Bad Faith Laws
Oklahoma Title 36 §4405(A)(8) gives you a set of elements you must prove in order to be eligible to file a bad faith insurance delay claim. First, you must make a claim and provide written proof of the losses. So if these are lost wages, property, or medical expenses then you must show proof. Receipts, property titles, and documentation of time off work due to the injuries are all ways to show proof in writing.
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Once you provide proof of your damages, then the insurance company has a duty to take action toward paying you immediately. This means the insurer may conduct a short investigations to ensure that the damages are valid and under your policy. Once this is fully determined, the company must pay you upon finding a valid claim. If they do not pay you in an attempt to let a statute of limitations run or to avoid paying altogether, then it is in bad faith.
Immediate Legal Help
Because many of these large insurers have attorneys on their payroll, it is important you ensure you protect yourself. This means that you will be in the best position if you hire a personal injury attorney to represent you. Our offices offer a free consultation to new clients.