What to do when the At-Fault Driver’s Insurance Company ignores your claim

Any accident itself is emotionally suppressing. But what is even more stressful and time-consuming is dealing with a car accident’s aftermath, especially when you have to undergo lawsuits to receive the deserved compensation. The reason is that some insurance companies tend to ignore claims, undervalue, and delay the process when representing the at-fault driver’s insurance company.

Knowing your rights and what goes into fighting for a fair settlement does make a difference. Here’s how one can take control of the situation and enforce rights.

Why can’t you directly sue the at-fault driver’s insurance company?

A key legal principle that applies here is the “privity of contract”, which defines why you cannot directly sue the other driver’s insurer. This doctrine directs that only the parties having a legal, contractual relationship (the at-fault driver and their insurer) can impose the agreement terms. Since you are not the involved insured/policyholder, you can only pursue a fair settlement by directly suing the at-fault driver or via a lawsuit. However, if the insurer happens to act in bad faith, you must pursue legal recourse as per the state laws.

This principle is often surprising to people who want to directly sue the at-fault driver’s insurance company that’s restraining them. Now, while the privity of contract does prohibit direct lawsuits, the insurance companies do have to bear some level of accountability. In states like Oklahoma, the consumer protection laws have protocols that identify insurers crossing their limits.

Bad faith insurance practices and your rights

Insurance companies are legally responsible for handling claims promptly and fairly. If they unreasonably delay, deny, or undervalue a valid claim, they may be recognized as engaging in bad faith insurance practices. For instance, Oklahoma has legislation like the Oklahoma Unfair Claims Settlement Practices Act, restricting insurers from:

• Failure to acknowledge or respond to claims on time
• Offering significantly lower settlements than what the claim is worth
• Refusing to pay without a valid investigation
• Failing to cover or affirm within a reasonable time
• Misrepresenting applicable policy terms to avoid deserved payment

If the at-fault driver’s insurance company denies your claim, it would be breaching these regulations. According to Oklahoma’s law, you have the legal right to file a complaint and even pursue legal damages, if necessary.

What to do if the insurance company ignores you

While being ignored by an insurance adjuster is frustrating, it also delays and harms the potential ability to recover damages. Find what you can do to protect your claim and rights below:

Follow up in writing

If the insurance company does not respond to calls, you may resort to written communication. Send formal, polite, yet firm emails, with certified letters, requesting a swift response by setting a deadline (typically 10 to 14 days). Make sure to secure copies of all correspondence. This documentation is critical for filing a complaint or lawsuit at a later date.

Send a demand letter

A formal demand letter pressures the insurer with a notice that you expect a certain resolution. The letter typically includes:

• A summarised accident report and resulting injuries
• Copies of police reports, repair estimates, and medical records
• A specific compensation amount you are seeking
• A reasonable deadline for response (14 to 30 days on average)

If the at-fault driver’s insurer continues to be unresponsive even after receiving a demand letter, you likely have to resort to more extensive legal measures.

File a complaint with the State Insurance Department

Every state has a dedicated insurance regulator to protect consumers. Likewise, in Oklahoma, there’s the Oklahoma Insurance Department where you can file your complaint, which will then look into the insurer’s conduct. If the insurer is found violating the law, it may issue penalties, fines, or demand corrective action.

Filing a complaint also builds an official and legal record of misconduct against the insurer. This documentation would further strengthen your case if your claim reaches the court.

Build a case for bad faith (if necessary)

If the delay in fair response continues, or if you receive unjustified low settlement offers, you are entitled to file a bad faith insurance claim. You will need clear and strong proof to showcase bad faith, covering:

• A clear timeline of all the communication attempts with the insurer, like calls, letters, and emails.
• Proof of the insurer’s failure to conduct a fair investigation or misrepresenting policy terms
• Proper documentation of the damages you have gone through, such as auto repairs, lost wages, and medical bills.
• A copy of the demand letter, or any inadequate responses

Cases of bad faith claims are taken seriously in Oklahoma courts. If your case is successful, you may be entitled to more than just a settlement for actual damages, covering added compensation for attorney’s fees, punitive damages, and emotional distress.

The 2-year Statute of Limitations 

The statute of limitations for personal injury and property damage claims in Oklahoma is 2 years, effective from the accident’s date. This limitation forces you to take legal action against the at-fault driver within that timeline, or your case will be barred, irrespective of the insurer’s unfairness or clear liability. 

This limited deadline is often taken advantage of by the insurance companies through delay tactics. Make sure not to fall into this prolonged trap. If your negotiations for a deserved settlement fail, file a lawsuit or consult an attorney before the deadline closes.

Closure – Don’t let the at-fault driver’s insurance company bully you 

Insurance companies often pressure and wait for the injured parties to give up. But with the right strategy, you can legally hold them accountable. 

If the at-fault driver’s insurance company repeatedly ignores your claims or if you are facing lowball offers or unreasonable delays, it is high time to hire a personal injury lawyer. Their legal representation benefits with escalated support for your claim, a stronger demand letter, working on contingency, and filing lawsuits on time. These prompts elicit more responsible and serious responses. Once legal representation is involved, the insurers are less likely to ignore the claim.

Therefore, being aware of your rights and consequences, and acting decisively with strategic planning, you can easily push back against the insurer who is limiting the compensation you are worthy to.