After an accident, dealing with insurance claims can be stressful, especially if disputes arise. Insurance companies can provide financial protection, but disagreements over coverage, fault, or settlement amounts can delay compensation and add to your burdens. We’ll discuss some of the common causes of insurance disputes in Wagoner County and offers practical steps to resolve them effectively.
Common Causes of Insurance Disputes
Insurance disputes are a common occurence that happen for a variety of reason. They often arise due to the following issues:
a. Denied Claims
An insurer may deny your claim, citing reasons such as:
- Lack of coverage for the specific incident.
- Alleged policy exclusions.
- Missed deadlines for filing the claim.
b. Disagreement Over Fault
Disputes may occur if the insurer claims you were partially or entirely at fault for the accident, which can reduce or eliminate your compensation. This is especially possible in complex situations, such as where one party left the scene of the accident.
c. Insufficient Settlement Offers
The insurance company may offer a settlement that is far less than the actual cost of repairs, medical bills, or other damages.
d. Policy Interpretation Issues
Conflicts can arise over the interpretation of policy language, such as what is covered and under what circumstances.
While these are just some examples, it’s important to not get dismayed. A dispute does not mean that there is no way to get the outcome you want. Rather, it means you have to do a little more work to get there.
Steps to Resolve Insurance Disputes
An insurance dispute can feel like a losing battle, but that doesn’t mean it is. Here are a few steps you should take to get things moving in your favor:
a. Review the Policy
Start by carefully reviewing yours or the at fault driver’s insurance policy, including:
- Coverage limits and exclusions.
- Deadlines for filing claims.
- Processes for appealing a denied claim.
Understanding the policy’s terms is essential for challenging an insurer’s decision. Without this knowledge, you cannot know how to fight an unfair determination.
b. Gather Evidence
Strong evidence is critical to support your claim. Gather:
- Accident reports from the Wagoner County Sheriff’s Office or local police.
- Photos and videos of the accident scene and damage.
- Medical records and bills.
- Repair estimates from reputable mechanics or contractors.
- Witness statements, if available.
c. Communicate Clearly
Contact the insurance company to discuss the dispute. Provide:
- A detailed explanation of your claim.
- All supporting evidence and documentation.
Remain polite but assertive, and keep records of all communications, including emails, letters, and phone calls.
d. Appeal the Denial
If your claim is denied, follow the insurer’s formal appeals process. Submit a written appeal that addresses the denial reasons and includes additional evidence, if applicable.
Mediation and Arbitration
If direct communication and appeals fail, consider alternative dispute resolution methods such as mediation and arbitration. In mediation, a neutral third party helps both sides negotiate a resolution. This is less formal and often faster than litigation. Arbitration involves presenting your case to a neutral arbitrator who makes a binding decision. Many insurance policies include arbitration clauses requiring disputes to be resolved through this process.
Filing a Lawsuit for Bad Faith
In some cases, you may need to file a lawsuit against your insurance company for acting in bad faith. Examples of bad faith include unreasonably denying a valid claim, delaying payment without justification, or failing to investigate a claim thoroughly. The court will look at the evidence from both sides and make a decision.
Under Oklahoma law, successful bad faith claims may result in compensation for the denied claim amount, additional damages for emotional distress or financial losses caused by the insurer’s actions, and punitive damages to deter future bad practices.
Wagoner Injury Law Attorneys
Dealing with insurance disputes after an accident in Wagoner County can be challenging, but understanding your rights and the steps to resolve conflicts can help you secure the compensation you deserve. Whether negotiating with your insurer, pursuing alternative dispute resolution, or filing a lawsuit, being proactive is key.
If you’re facing an insurance dispute, contact Kania Law Office – Wagoner Custody Attorneys at (918) 283-7394 or online for guidance tailored to your situation.
