Can I Sue My Car Insurance Company? Tips From an Auto Insurance Lawyer

Insurance companies can mount stiff resistance when going up against large claims. Every day, companies process thousands of claims totaling millions of dollars, and sometimes they may deny a valid claim. The most common dispute that people have with their auto insurance company is when the carrier refuses to pay some part of a claim. This usually happens if the insurance company believes that the at-fault party committed fraud or didn’t have adequate insurance coverage. When an insurance company makes this determination, however, it doesn’t always mean that it’s correct, and you could fight it.

Insurance companies make mistakes and sometimes it might take a lawsuit to get them to pay for medical bills or property damage as a result of an accident. If your insurance company refuses to pay your claim or offers an insufficient settlement, insurance lawyers say that this could be a breach of the contract between the policyholder and the insurer. You might need to hire an auto insurance lawyer to force the insurance provider to give you fair compensation. Let’s take a look at some things to consider if you need to sue your car insurance company.

When should you sue?

Taking legal action against your own insurance company may be required. According to legal experts at, if your insurance provider refuses to pay insurance claim benefits that you’re entitled to, you may have to sue for compensation. Insurance companies are usually very helpful, however, they are in business to make money. Insurance companies typically try to be fair, but they are good at finding loopholes and exceptions when paying out benefits. As a policyholder, you expect to be taken care of in the event of an auto accident, however, when an insurance provider denies your claim unfairly, legal action may be your only option.

Another situation you might find yourself in is being involved in an accident with an at-fault driver that doesn’t have insurance coverage. According to estimates, about 32 million drivers in the U.S. don’t have an auto insurance policy. If you’re involved in an accident with an uninsured driver, you’ll need to recover losses with a claim against your own insurance company. This also applies if the other driver is underinsured and their policy won’t cover the full cost of damages. Additionally, a hit-and-run accident where the other driver cannot be located will also result in the same situation. In these cases, legal experts agree that you may need to file a suit if your insurance provider refuses to provide adequate reimbursement.

It is important to note that uninsured/underinsured motorist insurance is required in 14 states. If you live outside of these states, this may be an optional coverage that must be added to your policy. If this is the case for you, you may not be covered if you don’t add this option. Be sure to take a look at your policy before an accident happens to know if you’re covered or not. If you do have uninsured/underinsured motorist coverage and your auto insurance claim is denied, you might require legal action against your insurance carrier.

What lawyer do you need to sue an insurance company?


Filing a lawsuit against someone means initiating a civil case. To file a suit against your insurance carrier, you’ll need to hire a civil attorney. Beyond that, you’ll want to hire a personal injury attorney or another experienced lawyer who specializes in automobile accident claims and lawsuits against insurance companies. When your auto insurance claim is denied, you’ll be issued a formal denial by your insurance adjuster. You can take this denial along with a copy of your complete policy coverage to an experienced lawyer so they can give you advice about the best way to proceed.

In many cases, you’ll want to try and get your case resolved in mediation. A professional mediator, with no connection to you or your insurance company, will try to resolve your case without going to court. This would be the easier and preferred route. If you feel that you aren’t getting a fair dealing, however, you might require legal options to recoup insurance benefits.

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