When a commercial property is damaged by storms, fire, or flooding, the insurance claim process can feel overwhelming. Between confusing policy language, delayed responses, and low settlement offers, many Oklahoma business owners look for help to navigate disputes. Two common sources of support are public adjusters and attorneys. While both play important roles, their responsibilities and authority in commercial insurance disputes are very different.
At Red Dirt Legal, we regularly work with business owners who are unsure whether a public adjuster is enough or if legal representation is necessary. Understanding the difference can help you make an informed choice.
What Does a Public Adjuster Do?
A public adjuster is licensed to represent policyholders in the claims process. Unlike the adjuster hired by your insurance company, a public adjuster works for you. Their primary role is to:
- Inspect and document the damage
- Prepare a claim estimate
- Negotiate with the insurance company on the value of the loss
- Help ensure you follow policy requirements
Public adjusters are often helpful when disputes center on underpaid claims, such as when the insurer’s estimate doesn’t match the actual cost of repairs. They can help build a stronger claim file and push back against lowball offers.
However, their role is limited. A public adjuster cannot file lawsuits, interpret legal language in your policy, or pursue bad faith allegations if the insurer acts unfairly.
What Does an Attorney Do in Insurance Disputes?
Attorneys, on the other hand, can go beyond negotiation. In addition to reviewing damage estimates and insurer offers, an attorney can:
- Analyze your policy’s exclusions and coverage terms
- Identify if your insurer is acting in bad faith
- File a lawsuit if the insurer refuses to pay fairly
- Bring in expert witnesses to support your claim
- Pursue additional damages, such as penalties for unfair delays
If your claim has already been denied or if you’re dealing with deliberate stalling tactics, legal representation may be essential. Attorneys also handle disputes where coverage itself, not just payment amounts, is in question. For example, whether flooding damage should be classified as covered under a commercial policy is a legal issue, not just a valuation question.
When to Use a Public Adjuster
Public adjusters can be valuable in certain situations, especially for larger claims that require detailed documentation. Consider a public adjuster if:
- Your claim is large and complex, but not outright denied
- The dispute centers on repair estimates or replacement costs
- You want professional help organizing evidence and negotiating a higher settlement
While public adjusters may help maximize your payout, remember that their services are typically paid as a percentage of your settlement.
When to Call an Attorney
There are specific scenarios where involving an attorney becomes the best option:
- Denied claims: If your insurer says your damage isn’t covered, legal review is critical.
- Delays: If weeks or months pass without progress, your insurer may be using tactics to delay your claim.
- Bad faith: Unreasonable denials, shifting explanations, or lowball offers may all signal bad faith conduct.
- Policy disputes: If coverage language is unclear or contradictory, legal interpretation is necessary.
An attorney can also step in if you’ve already worked with a public adjuster but still can’t get a fair resolution.
Public Adjusters and Attorneys Can Work Together
In some cases, public adjusters and attorneys complement each other. For example, a public adjuster may handle damage documentation and claim preparation, while an attorney takes over if the insurer denies coverage or refuses to negotiate in good faith. Many business owners benefit from having both perspectives during complex claims.
Protecting Your Rights
When your commercial property is damaged, deciding who to turn to for help is an important step. Public adjusters can support you with documentation and negotiation, but only an attorney can escalate your dispute legally and hold insurers accountable under Oklahoma law.
If you’re facing a denied, delayed, or underpaid claim, don’t wait until the situation becomes worse. Contact Red Dirt Legal today to discuss your options and protect your business.
FAQ’s
1. What is the difference between a public adjuster and an attorney in insurance disputes?
A public adjuster documents damage and negotiates claim value, while an attorney can interpret policy language, file lawsuits, and pursue bad faith claims when insurers act unfairly.
2. When should I hire a public adjuster for a commercial insurance claim?
Public adjusters are most useful when the dispute involves underpayment or valuation. They can strengthen your claim file and push for fairer estimates, but they cannot challenge a denied claim in court.
3. Can a public adjuster handle a denied insurance claim in Oklahoma?
No. Public adjusters cannot pursue denied claims beyond negotiation. If your claim has been formally rejected, you may need legal help to challenge it under Oklahoma law.
4. Do I need an attorney if my commercial insurance claim is delayed?
Yes, if your insurer is using stalling tactics or ignoring deadlines. Attorneys can hold insurers accountable when they use delay tactics to avoid paying what is owed.
5. Can I use both a public adjuster and an attorney in a dispute?
Yes. Some business owners benefit from having a public adjuster handle documentation and damage estimates while an attorney addresses coverage disputes, legal interpretation, or cases involving underpaid claims.
6. How do I decide between hiring a public adjuster or an attorney?
If your issue is about the value of your loss, a public adjuster may be enough. If your claim is denied, delayed, or involves unclear coverage, speaking with an insurance dispute attorney in Oklahoma is often the best choice.
