“Can you sue your own insurance company for injuries?” is one of the most common questions we often find.
Well, there is trouble afterwards if you experience an accident. But, challenging someone who is entitled to help you can be awkward. Don’t worry if you’ve reached here with the question above, as this blog will unfold the question.
Let’s see how practical it is.
Can You Sue Your Own Insurance Company for Injuries?
Yes you can. If your insurance company refuses to give you the compensation you deserve, you can sue them. A lawyer can be a great help in this matter.
Let’s talk a bit about why you would think of such action. The answer is not tricky at all.
The reality is – your insurance company never misses your premium, but they prefer to think about their profits more than what benefits you deserve.
‘To sue’ doesn’t necessarily mean taking a serious legal step against any person or company. In this article, it may seem like a moderate response. But we can’t deny the seriousness of getting a settlement via legal litigation.
When Should You Sue Your Insurance Company?
Usually, no one wants to sue their insurance company, and the law won’t accept that in a normal instance. There are certain reasons which would justify this move as per the following:
Low settlement offer
An insurance company might be unable to identify the damage to their clients and offer low settlement money. It can be because of a lack of information or mistakes in assessment.
The dispute occurs when they deny or are not serious about admitting the mistake or rechecking. Needless to say, the less to pay, the more profit they’ll have.
Delay in settlement
A normal person wouldn’t easily understand the process and rules of insurance settlement. The insurance authority may take that chance and easily spend longer time illogically.
Once the client senses that, a personal injury lawyer should have an intervention in it.
Misrepresentation of the case
Representing your case details wrongly will reduce the amount you are supposed to get as coverage, and this is another motive an insurance company should be sued.
Bad faith denial
An insurance company can confuse their client with unclear policies or jargon that are not understandable to them. That’ll be enough to doubt their intent.
Besides, the insurance company sometimes tries to influence the insured person to come to a quick settlement. Finally, the insurance company will try to reduce the settlement amount later than they discussed.
The court would accept the claim against the insurance company in this situation.
How to Sue Your Own Insurance Company for Injuries?
Suing an insurance company will be complicated for any person. They should hire a knowledgeable lawyer who knows the steps to claim in the right way.
Below are the process of suing your insurance company.
Hire a personal injury lawyer
It would be wise not to talk to the insurance company representatives alone if you don’t have any clear idea of your rights and possible response to the insurance authority. The best person who can deal with the matter best is an expert personal injury lawyer.
Investigate and assessment
The lawyer needs to investigate, talk to the witnesses, go through the medical records, and prepare other documents. Not only that, a case would require many other different papers, such as exchanging documents and conducting depositions. Having all things maintained and covered, a lawyer files a lawsuit for you.
Mediation and negotiation
The insurance company may deny paying the proper compensation even after the related documents, like medical records, are presented. This is the circumstance your injury lawyer would sue the insurance company and take the case to court.
Bring it at the trial
Finally, the judge and jury will decide if the insurance company should pay you the long-term disability benefits or not, considering facts and evidence.
Here, the term normally used is ‘reinstate.’ It indicates that the company will have to pay the specific amount they refused to pay other than what they already offered or paid.
How to Deal with Car Insurance Companies?
It’s clear that after a car accident, returning to normal life takes a lot. Getting a proper amount from insurance would be one of the top issues.
Since not a single person would be interested in welcoming any trouble, they can follow the tips below.
Evidence like photos, notes, and witness statements greatly support the claim. Preserving them properly and presenting them at the right time increase the chance to prove one’s guilt and own self’s innocence.
Preserving records of everything
The evidence in the accident spot and the after-accident paperwork like communication with the insurance company, transaction of money, police reports, medical reports, doctor’s recommendations and other related documentation will work in favour of the injured person.
The communication between the insurance company and the insured person should be clear. However, it’s recommended not to admit the fault in front of anyone. Any statement can be later wrongfully used against you. So, be careful whom you talk to and what you say.
Taking legal counselling before signing any document
Once you contact your insurance company after an accident, they will want a statement from you. They may also ask you to sign some documents. You should review the documents with your injury lawyer before signing or agreeing on anything. Remember, one wrong step can limit your rights.
Assess the value of your claim
It won’t be a surprise if your insurance company offers you an approximate compensation that would be less than what you deserve.
For example, in a car accident, they can count almost all fields like physical injuries, vehicle repairs, medical bills, loss of income, etc. They may avoid the matter of emotional distress, and you won’t even have no idea about that.
So, talk to your lawyer, and know how much you deserve from them.
The matter of suing their own insurance company would be surprising for a person the same way to experience a dodge from their insurers. We suggest being careful about what you come by and what to choose. Remember, Always, an expert injury lawyer would be the right choice.