5 Signs You Need a Bad Faith Attorney
Your insurer owes you more than a check, they owe you honesty and timeliness. And when insurers stop delivering on that promise, these are the warning signs that it's time to fight back.
1) You're Drowning in Paperwork
Insurers are legally required to request only the documentation reasonably necessary to evaluate your claim. So when those requests become excessive, it's likely not an accident. This may manifest in different ways, for example, the same records asked for multiple times, redundant authorizations needed, duplicative forms, and more.
The paperwork avalanche is a common delay tactic designed to exhaust and frustrate you into accepting less, or even abandoning the claim process entirely.
If you start to suspect a pattern of excessive documentation, keep track of every request you receive. A record of redundant paperwork is powerful evidence of bad faith.
Warning Signs To Watch Out For
- Repeated requests for records you already turned in
- Demands for documentation irrelevant to your claim
2) The Offer Doesn't Come Close to Your Actual Damages
One of the most common forms of bad faith by an insurer is a lowball settlement offer, one that doesn’t come anywhere close to the value of your loss.
Insurers are required to conduct a thorough, objective investigation before making an offer on your claim.
If the number they present seems purposefully low, designed to see what you'll accept rather than give you what you're owed, that's a red flag.
Know that bad faith attorneys can commission independent, third-party valuations and challenge whatever methodology the insurer used to arrive at their number.
Warning Signs To Watch Out For
- Offers made before a full investigation is complete
- No written explanation of how the settlement figure was calculated
- Pressure to accept the offer to avoid “complications”
3) Weeks Have Passed… and Nothing Has Happened
Most states have set deadlines for claims-handling, but Oklahoma codifies them explicitly. Under the Oklahoma Unfair Claims Settlement Practices Act (36 O.S. § 1250.1 et seq.), insurers are required to:
- Acknowledge a claim within 30 business days of receiving notice
- Accept or deny the claim within 45 business days of receiving proof of loss
These aren't suggestions, they're legal obligations. When an insurer blows past these deadlines without documented justification, they may already be in violation of Oklahoma law, regardless of whether they ultimately pay out your claim.
Unreasonable delays, especially when you've already submitted everything the insurer requested, can constitute bad faith. Courts recognize that lost time results in real financial consequences for you and other policyholders in the form of missed repairs, mounting bills, and lost income.
Warning Signs To Watch Out For
- No acknowledgment within a month of filing
- Coverage decision that drags past 45 days after you submitted proof of loss
- Delays that only seem to resolve when an attorney gets involved
4) Your Insurer’s Decisions Don't Match Your Policy
Your policy is a contract, not a guideline. When your insurer's coverage decisions directly contradict the coverage plan you purchased, they may be acting in bad faith.
This might look like your insurer applying exclusions that aren’t relevant to your loss, interpreting ambiguous terms against the policyholder (note: courts typically require the opposite), or denying a claim under a provision that doesn't even exist in your policy.
A bad faith attorney can do a line-by-line analysis of your policy against the insurer's denial rationale.
Warning Signs To Watch Out For
- Denial letters that cite policy sections in vague or paraphrased terms
- Refusal to provide specific policy language behind a denial
- Coverage interpretations change between representatives or conversations
5) You're Getting Conflicting Messages
If you're talking to several different adjusters, representatives, or departments at the same time and they’re telling you different, contradictory statements — this is likely not a coincidence.
Inconsistent communication creates confusion. This makes it harder to identify a clear decision-maker, a tactic that can be used to deflect accountability. Contradictory statements are also legally significant; they may reveal the insurer's internal investigation was inconsistent, or that the denial rationale changed over time.
Keep track of every email, letter, and voicemail.
Warning Signs To Watch Out For
- Bouncing you between different adjusters without explanation
- Telling you conflicting explanations for the same denial
- Sending written statements that don't match what you were told over the phone
These aren't just frustrations. They’re signs you may need to contact a bad faith attorney.
Bad faith law exists because insurers have significant power over policyholders during vulnerable moments.
When that power is abused, whether through delay, deception, or deliberate undervaluation, the law provides real remedies, often beyond the original policy limits.
The minimum level of culpability necessary for bad faith liability is more than simple negligence, but less than the reckless conduct necessary to support a punitive damages award.
If you're seeing these signs, a bad faith attorney can evaluate whether your insurer has crossed a legal line. Contact us to discuss your experience with your insurer.