Can I Sue My Insurance Company If They Did Not Investigate My Claim?

  • May 31, 2025

You pay good money to your insurance provider, so when you file a claim, you expect your insurer to conduct a thorough investigation and pay you what you’re owed.  

Unfortunately, as you may already have discovered, insurance companies are rarely on your side. Their primary goal is to collect insurance premiums and minimize their claims paid as much as possible. 

If you’ve filed an insurance claim that your insurer has failed to investigate, you may wonder — can I sue my insurance company? The answer is yes, but you’re far more likely to be successful with the help of an experienced insurance lawyer. 

Failure to Investigate: An Act of Bad Faith 

While there are honorable insurance company representatives that do want to help people in need, there are also some who do all they can to cheat their consumers out of the money they deserve. One of the most common ways that insurance providers avoid paying on claims is not investigating them in the first place. 

After a customer files a claim, the insurance company is supposed to investigate the claim and then offer the compensation that they see fit for the situation. Unfortunately, all too often they do not investigate and they simply reduce or deny the claim.  

Failure to investigate a claim is an example of a bad faith insurance practice. When an insurance company acts in bad faith, it uses dishonesty or deceit to shirk its obligations to policyholders. Insurance companies that act in bad faith do so to maximize their profits. 

If your insurance company has failed to investigate your claim, there’s a chance it could be engaging in other bad faith practices like these: 

  • Misconstruing the terms of your policy 

If you think you may be the victim of an insurer’s bad faith actions, we encourage you to get in touch with us. The Brasher Law Firm, PLLC, team can review your case and help you decide what to do next. 

How the Law Protects Your Rights as a Policyholder 

In many cases, insurance companies that refuse to investigate claims aren’t only violating their ethical and contractual duties to you — they’re also violating the law. The Texas Insurance Code explicitly forbids insurers from denying claims when they haven’t conducted a reasonable investigation. 

Similarly, Louisiana law requires insurance companies to investigate claims and make a reasonable effort to settle them. In most cases, it requires insurance companies to start the process of claims adjustment (which includes investigating the claim) within 14 days of receiving the notice of your claim. 

What Constitutes a “Reasonable Investigation” Under the Law? 

Most statutes concerning insurance investigations specify that an insurer is obligated to conduct a “reasonable” investigation of your claim. In some cases, the insurance company’s idea of “reasonable” is much different than a policyholder’s.  

So what makes an investigation reasonable? In most cases, the courts look for the following elements: 

An Effort to Gather Information 

When you file a claim, your insurance company can — and should — ask you to send supporting documentation. The insurer’s review of this information is an important part of the claims investigation process, but it shouldn’t be all of it. Check out the top 5 mistakes homeowners make when making a hurricane claim to know what to expect. 

Over the course of a reasonable investigation, an insurance company should gather its own information as well as use the information you provide. 

An Objective Assessment of Evidence 

When an unethical insurance company conducts an investigation into a claim, it often only focuses on evidence that would support a claim denial. However, in a reasonable investigation, the insurer takes the time to assess all sides — it doesn’t just zero in on reasons to deny the claim. 

Compliance With State and Local Laws 

In many situations, Texas and Louisiana laws require insurance companies to adhere to strict deadlines for investigating claims. Throughout the course of the investigation, your insurance company is obligated to follow all applicable laws and regulations. 

You might wonder — can I sue my insurance company if it disregards the law? If your insurer fails to follow the law or engages in other bad faith practices, you may have a strong legal case. However, a lawsuit isn’t the only way your insurer could be held accountable. 

Both Texas and Louisiana oversee and regulate the insurance industry. In Texas, you may file a complaint with the Texas Department of Insurance (TDI) if your insurer doesn’t properly investigate your claim. In Louisiana, you can file a complaint with the Louisiana Department of Insurance (LDI). 

Both of these organizations investigate bad faith insurance complaints, and they also may attempt to help you and your insurer come to a solution. If your insurance company’s conduct is egregious enough, the TDI or LDI may also penalize it. 

Regular Communication With Policyholders 

For insurance companies, part of conducting a reasonable investigation is maintaining regular contact with the policyholder. If your insurance company takes an inordinate amount of time to respond to your communications, that could be evidence of bad faith practices on its own. 

Can I Sue My Insurance Company for Failing to Investigate My Claim? 

Having your insurance company fail to properly investigate your claim (or fail to investigate it at all) can be extremely frustrating. If you’ve been trying unsuccessfully to get your insurer to investigate, you’re probably wondering, “Can I sue my insurance company?”  

Fortunately, you have legal recourse, and you can sue for more than just failing to investigate. 

Our team has helped countless Texas and Louisiana consumers file lawsuits against insurance companies for engaging in bad faith practices, and we may be able to help you recover the money you’re owed, too. 

Often, we help our clients go through the following steps before filing a lawsuit: 

  • Contacting the insurer to ask them to investigate properly 
  • Filing an internal complaint with the insurance company 
  • Filing an external complaint with the TDI or LDI 
  • Sending a demand letter 

If these steps are unsuccessful, we typically will file a bad faith insurance lawsuit on your behalf. At this point, many insurance companies will be willing to negotiate a settlement. If your insurer isn’t, we will argue your case before a court and let a judge and/or jury decide whether the insurance company owes you compensation or not. 

Has Your Insurer Failed to Investigate Your Claim? 

If you’re wondering, “Can I sue my insurance company?” you’re far from alone. Failing to investigate claims and engaging in other bad faith practices is far more commonplace than it should be. 

At Brasher Law Firm, PLLC, we believe that insurers should be held accountable for their illegal and unethical actions. If your insurer is not investigating your claim, team up with a bad faith insurance attorney from our firm for help in your case. The clients we take on do not have to pay us unless we recover damages in their case. You have nothing to lose — call today for a free consultation!