If you’ve been injured in an accident, you may be wondering if you can sue your own insurance company. The answer depends on the circumstances of your case. If you were injured by another driver who was uninsured or underinsured, you may be able to file a claim against your own insurance company.
If you were injured in a hit and run, or if the other driver was intoxicated, you may also have a case against your insurer.
- Research your state’s laws: Each state has different laws when it comes to suing your own insurance company
- You will need to research the specific laws in your state in order to proceed with your lawsuit
- Hire an attorney: It is strongly advised that you hire an experienced personal injury attorney to help you with this process
- Insurance companies are notoriously difficult to deal with and an attorney will be able to navigate the legal system on your behalf
- Gather evidence: In order to prove your case, you will need to gather evidence of both the injuries you sustained and the negligence of the insurance company
- This may include medical records, police reports, witness statements, and more
- File a complaint: Once you have gathered all of the necessary evidence, you will need to file a formal complaint against the insurance company with either your state’s department of insurance or in small claims court
- Prepare for trial: If your case goes to trial, you will need to be prepared to present your evidence and argue why the insurance company should be held liable for your injuries
Can you sue your own insurance company?
Bodily Injury Claim against Your Own Insurance
Most people are unaware that they can file a bodily injury claim against their own insurance company if they’ve been injured in an accident. Even if you were at fault for the accident, you may still be able to recover damages for your injuries.
There are two types of bodily injury coverage: personal injury protection (PIP) and medical payments (MedPay).
PIP covers your medical expenses and lost wages, regardless of who was at fault for the accident. MedPay covers your medical expenses up to a certain limit, regardless of who was at fault.
If you have both PIP and MedPay coverage, you can file a claim with either one.
If you only have PIP coverage, you can still file a claim with your insurance company, but you may not be able to recover as much money.
To file a bodily injury claim against your own insurance company, you will need to fill out a claims form and submit it to your insurer. Be sure to include all pertinent information about the accident, including when and where it occurred, as well as the extent of your injuries.
You will also need to provide documentation from your doctor or hospital detailing your injuries and treatment plan.
Credit: www.morellilaw.com
Can You Sue Your Own Car Insurance Company for Pain And Suffering in Florida?
In the state of Florida, you can most likely sue your own car insurance company for pain and suffering if you have been involved in a car accident. If you are able to prove that the other driver was at fault for the accident and that you suffered injuries as a result, you may be able to recover compensation from your own insurer. This is because Florida is a no-fault state, meaning that each driver’s insurance company is responsible for their own policyholder’s damages, regardless of who was at fault for the accident.
However, there are some exceptions to this rule. If your injuries meet certain criteria, such as being permanently disfigured or requiring surgery, then you may be able to file a claim against the at-fault driver’s insurance company in addition to your own.
What to Do If an Insurance Company Will Not Pay a Claim?
If you have a problem with an insurance company not paying a claim, there are several things you can do.
First, try to resolve the issue directly with the insurance company. If that doesn’t work, file a complaint with your state’s department of insurance.
The department can help you if the insurance company is violating its regulations.
Another option is to hire a lawyer who specializes in dealing with insurance companies. This may be necessary if the amount of money involved is large or if the insurance company is refusing to cooperate.
Finally, keep in mind that filing a lawsuit against an insurance company can be expensive and time-consuming. Make sure you understand all your options before taking this step.
Can You Sue Your Own Insurance Company in Texas?
Yes, you can sue your own insurance company in Texas. The state of Texas is an “at-fault” state when it comes to car accidents. That means that the driver who is found to be at fault for an accident is responsible for any damages or injuries that result from the accident.
If you have collision coverage on your car insurance policy, then your insurance company should pay for damages to your vehicle, up to the limit of your policy. However, if you feel that your insurance company has not paid what they should have, or if they have denied your claim altogether, then you do have the option to sue them.
Can Someone Sue You After Insurance Pays Texas?
In Texas, if someone is injured as a result of your negligence, they can sue you for their damages. This is true even if your insurance company has already paid out benefits to the injured party. The reason for this is that the insurance policy is a contract between you and the insurance company, not between the injury victim and the insurance company.
The contract only requires the insurance company to pay for damages up to the limits of your policy. It does not protect you from being sued by the injury victim.
Conclusion
Generally, you cannot sue your own insurance company for injuries. This is because most insurance policies have a clause that specifically states that the insurer cannot be held liable for damages arising from an accident or injury. However, there are some exceptions to this rule.
If your accident was caused by the negligence of another driver, then you may be able to file a lawsuit against their insurance company. Additionally, if your insurance policy does not contain a clause exempting the company from liability, then you may be able to sue them for injuries sustained in an accident.
