QUESTION
Can I sue an insurance company for denying a claim?
Asked on Dec 05th, 2012 on Automobile Accidents - Michigan
15 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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I cannot give you a definitive answer without knowing what the claim is about that is being denied. If the insurance company is denying that their insured is at-fault for an accident or that you were injured, you cannot sue the insurance company itself. You sue the driver of the vehicle. The insurance company then hires an attorney to defend their insured-driver and pays, up to their Coverage limits, if you win your case. There are very few instances in which a person can sue a car insurance company itself. Some situations in which you can sue an insurance company include: uninsured motorist claim; under insured motorist claim; or if at-fault driver files for bankruptcy.
Answered on Jan 04th, 2013 at 8:00 PM
Ronald A. Steinberg
Sure, why not? If you have a valid claim and they won't pay, sue them.
Answered on Dec 17th, 2012 at 3:41 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue your own insurance company for refusing to settle a claim in bad faith. If the decision to refuse to settle was reasonable given the facts and circumstances, you will lose. If it is someone else's insurance, for example if you were in an accident and the other driver's insurer refuses to settle, you cannot sue for bad faith. However, if you get a court verdict larger than what you offer to settle for, the insured may have a suit against his/her insurer for bad faith refusal to settle, which could help the insured driver pay your damages.
Answered on Dec 07th, 2012 at 1:07 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't sue the company. You sue the owner and the driver of the car. The company then has to defend the case.
Answered on Dec 07th, 2012 at 1:07 PM
William C. Gosnell
No sue the driver and owner who hit you.
Answered on Dec 07th, 2012 at 2:02 AM
Personal Injury Attorney serving Wilmington, NC
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Deaver & Deaver, PLLC
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You do not sue the insurance company, you need to sue the person driving the car that caused the damages.
Answered on Dec 06th, 2012 at 4:43 PM
You can sue your insurance company for bad faith or unfair settlement practices. In order to sue the at fault driver's insurance company you have to have a judgment that is in excess of the policy limits after a "S tower's Demand" or in several very specific instances.
Answered on Dec 06th, 2012 at 4:42 PM
Is it your own insurance company or the other person's insurance company. In California, there is no third party bad faith anymore, so if it is the other party's insurance company you cannot sue them. If you feel you are entitled to compensation and the insurance company is incorrect in their denial of your claim, you can bring a claim against the other driver.
Answered on Dec 06th, 2012 at 4:42 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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If it is a car crash you would sue the at fault driver and their insurance company will defend them.
Answered on Dec 06th, 2012 at 4:41 PM
Criminal Attorney serving Silver Spring, MD
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Sanabria & Associates
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If your claim is supported by the facts or the circumstance of the accident, then you ave the right to file a lawsuit. Always consult with an attorney before filing a lawsuit to avoid filing a frivolous suit which carries various penalties.
Answered on Dec 06th, 2012 at 4:41 PM
Daniel P. Mitchell
That is a very broad question. First, if it is the other driver's insurer, you would have to sue the insured and get a judgment against him or her before you acquired any rights against the insurer. If it is your own insurer and they denied a claim under the PIP, medical payments, or uninsured motorist coverage (or for that matter, the collision coverage, if no one was hurt), then the answer is yes.
Answered on Dec 06th, 2012 at 4:40 PM
1 Award
Yes, you can if they denied a claim which should have been covered under the policy.
Answered on Dec 06th, 2012 at 4:39 PM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
You can sue the other driver in the accident if they were at fault and there insurance company will defend them.
Answered on Dec 06th, 2012 at 4:39 PM
Maybe - you should contact a lawyer
Answered on Dec 06th, 2012 at 4:39 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Dec 06th, 2012 at 4:39 PM