Been in a car accident? Dealing with car repairs, injuries, and on top of that, your insurance company is giving you a hard time? You might be wondering if you can sue them. The answer is yes. In certain situations, you can sue your own insurance company after a car accident. If you’re finding it necessary to file a lawsuit against your insurance company, it’s important to understand the circumstances under which you can do so. Let’s break down when that might happen.
Why Would You Sue Your Insurance Company?
There are a couple of reasons why you might end up in a legal battle with your insurer:
- They Deny Your Claim Altogether: This can be frustrating. Maybe you have the right coverage, but they deny your claim entirely. This could be because they believe you caused the accident or that there’s something fishy about your claim.
- They Offer a Really Low Settlement: Let’s say they accept your claim but offer you way less than you think your repairs, medical bills, and other damages are worth. This can leave you stuck with a hefty bill.
What are You Suing For?
When you sue your insurance company, you’re basically arguing that they’re not following the terms of your insurance policy. You’re asking a court to order them to pay you what you’re entitled to under the agreement. This could include:
- The Cost of Repairs: If your car was damaged in the accident, your insurance should cover repairs or the total value of the car if it’s totaled.
- Medical Bills: If you were injured, your insurance should help cover medical expenses.
- Lost Wages: If you couldn’t work because of your injuries, you might be able to get compensation for lost income.
- Pain and Suffering (Depending on Your State): In some states, you can even sue for pain and suffering caused by the accident.
But Can You Really Win?
Winning a lawsuit against your insurance company isn’t easy. They have teams of lawyers who will fight tooth and nail. Here’s what you need to show to have a strong case:
- Proof of Your Coverage: Make sure you have a copy of your insurance policy and can demonstrate you have the right coverage for the situation.
- Evidence of the Accident: This could include police reports, witness statements, pictures of the damage, and medical records.
- Proof the Insurance Company Acted in “Bad Faith”: This is the tricky part. You need to show the insurance company intentionally or recklessly denied your claim or offered a low settlement without a fair reason.
Before You Sue: Exhaust Other Options First
Suing is a long and expensive process. Here are some steps to take before going to court:
- Negotiate with Your Insurance Company: Try talking to them again and explain why you believe their offer is unfair.
- File a Complaint with Your State’s Department of Insurance: If you think they’re acting unfairly, report them to your state’s insurance regulator.
- Mediation: This is where a neutral third party helps you and the insurance company reach an agreement.
Consider an Attorney
If you’ve exhausted all other options and believe you have a strong case, talk to a lawyer who specializes in insurance disputes. They can advise you on your legal rights and the best course of action.
The Bottom Line
While using your insurance company is possible, it’s a last resort. Remember, documentation is key. Keep all records related to the accident and your claim. Be prepared for a fight, and consult with a lawyer to understand your options. Hopefully, with some effort, you can resolve things with your insurer and get the compensation you deserve.
