Can I Sue the At-Fault Driver’s Car Insurance Company for Ignoring Me

In Oklahoma, as in most states, people generally cannot directly sue the at-fault driver’s insurance company after a car accident. This is due to a legal principle known as “privity of contract.” The “real party in interest” is the at-fault driver, not their insurance company. Here’s why:

1. Insurance contracts are between the policyholder and the insurance company. The injured party (a third party) is not a part of this contract and, therefore, lacks the legal standing to sue the insurance company directly.
2. Oklahoma is a “fault” state for car accidents, meaning the at-fault driver is responsible for damages caused by the accident. The injured party must seek compensation from the at-fault driver, not their insurance company.
3. The at-fault driver’s insurance company has a duty to defend and indemnify its policyholder according to the terms of the insurance policy. This duty does not extend to third parties.
4. To recover damages, the injured party must file either a claim with their own insurance company (if the at-fault driver is uninsured or underinsured) or file a lawsuit against the at-fault driver.
5. If the injured party files a lawsuit, then the other driver’s insurance company will defend the case.

The Car Accident Claims Process

After a car accident, the first step is typically to file a claim with the at-fault driver’s insurance company. In Oklahoma, all drivers must carry a minimum amount of liability insurance to cover damages they may cause to others in an accident, as per the Oklahoma Vehicle Code, Title 47, Section 7-103.

Once you’ve filed your claim, the insurance company should assign an adjuster to investigate the accident and determine the extent of the damages. The adjuster should ask for additional information, such as medical records or repair estimates, to support your claim.

How long does an insurance company have to respond to my claim in Oklahoma?

If you are filing a claim under your insurance policy, the company must acknowledge receipt of your claim within 30 days and provide a written response within 45 days of receiving all necessary information. Since you do not have a contract with the at-fault driver’s insurance, they do not actually have to respond or cooperate with you.

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When Insurance Companies Fail to Respond

Some insurance companies may drag their feet or fail to respond to your claim altogether. This can be incredibly frustrating, especially if you’re dealing with mounting medical bills or property damage expenses.

There are a few reasons why an insurance company might ignore your claim:

1. They believe their policyholder (the at-fault driver) was not at fault for the accident
2. They are disputing the extent of your damages
3. They are overwhelmed with claims and have not gotten to yours yet. Insurance companies are always trying to maximum profits by lowering costs (employee salaries and payments on claims), so some adjusters have too many claims files to handle.
4. They are acting in bad faith and intentionally delaying or denying your claim

Understanding Bad Faith Insurance Practices

Bad faith insurance practices occur when an insurance company intentionally disregards the rights of claimants or policyholders by denying, delaying, or underpaying valid claims. Some examples of bad faith practices include:

1. Failing to acknowledge or respond to claims within a reasonable time frame
2. Refusing to investigate a claim thoroughly
3. Denying a claim without providing a valid reason
4. Offering an unreasonably low settlement amount
5. Failing to communicate important information about the claims process

When an insurance company engages in these practices, they may be violating Oklahoma’s Unfair Claims Settlement Practices Act, as outlined in Title 36, Section 1250.5 of the Oklahoma Statutes.

How long do I have to file a lawsuit against an insurance company in Oklahoma?

In Oklahoma, the statute of limitations for filing a bad faith insurance lawsuit is two years from the date of the alleged bad faith conduct.

What evidence do I need to prove bad faith on the part of an insurance company?

To prove bad faith, you’ll need to gather evidence, such as correspondence with the insurance company, documentation of your claim, and any other records that demonstrate the insurer’s unreasonable conduct.

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Options for Dealing with an Unresponsive Insurance Company

If you find yourself in a situation where the at-fault driver’s insurance company is ignoring your claim, you have a few options:

1. Continue to follow up: Keep detailed records of all your attempts to contact the insurance company, including the date, time, and name of the person you spoke with (if anyone). Send follow-up letters via certified mail to create a paper trail.
2. Send a demand letter: Draft a formal letter to the insurance company outlining the details of your claim and demanding a response within a specific timeframe. Send the letter via certified mail to ensure proof of delivery.
3. File a complaint with the Oklahoma Insurance Department: The Oklahoma Insurance Department regulates insurance companies operating within the state. If you believe the insurance company is acting in bad faith, you can file a complaint with the state’s insurance department. They will investigate the matter and may take action against the insurer if they find evidence of wrongdoing.
4. Hire an attorney: An experienced Oklahoma car accident attorney can help you navigate the claims process and communicate with the insurance company on your behalf. They can also assess whether the insurer’s actions constitute bad faith and advise you on the best course of action.

What should I do if the insurance company offers me a low settlement?

If you believe the settlement offer is unreasonably low, do not accept it. Instead, consult with a personal injury attorney who can help you negotiate a fair settlement or advise you on whether to pursue legal action.

Can I recover attorney’s fees in a bad-faith insurance lawsuit?

Yes, if you prevail in a bad faith insurance lawsuit, you may be entitled to recover your attorney’s fees in addition to other damages.

How can an attorney help me with a bad-faith insurance claim?

An experienced personal injury attorney can help you navigate the complex legal process, gather evidence to support your claim, negotiate with the insurance company, and represent you in court if necessary. While you can handle the claim on your own, hiring an attorney can significantly increase your chances of success and ensure that your rights are protected throughout the process.