How to sue an insurance company?

by ty_ger88 » Fri Sep 14, 2007 02:20 pm

Many a times you may be unhappy with your insurance company for not paying you your dues or for delaying your payments or for any other reason. Your insurance company does not always have the upper hand. There are laws to protect you if you have a dishonest insurer.

When can you sue your insurance company?

You can sue your insurance company on grounds of:
  • Bad faith and
  • Breach of contract

If your insurer tries to trick you by not paying up a legitimate claim you can put up a civil suit against the company for having acted in bad faith. A company shows bad faith when it unreasonably denies a legitimate claim. This may mean that:
  • The company has failed to carry out proper investigations
  • Undue delay in processing a claim
  • Disregarding the rights of the policyholder
  • Inadequate compensation provided against claim filed

You can sue your insurance company for the full amount of benefits that has been denied to you as well as for any economic loss or emotional distress that you may have had to suffer as a result of the refusal. If your insurance company has been dishonest you may also get punitive damages. This is a means to make the insurance company behave more responsibly in future correspondences.

It is good to keep all paper works organized so that you can find them as soon as you need them. You may think of an old receipt as unimportant but it might hold great importance when you have a case standing against your insurer for bad faith or breach of contract.

Related Readings

I'm confused, please help. Here's my story and question. I'll try to make it short. My car was hit about a month ago. I was not in the car. It was parked on the side street. The driver of the truck that hit me left a note with all of his information. Now, it has been almost a month, and his insurance is not doing much. At first, they promised to have the damage estimated, but then nothing was sent to the car shop where my car located. I ended up going through my own insurance company. The problem is before I went with my insurance company, I had rented a car and had discussed this with the other insurance company. They said they would reimburse me all the fees. Now, they're not answering my calls. They keep on telling me that the agent is busy and will get back to me. It has been 4 days since I faxed in my car rental bill. What can I do? Can I sue them? Would you tell me how to sue an insurance company? The bill was paid for by my credit card, and I don't want to owe interests on it. Please help. Thanks.

Total Comments: 380

Posted: Mon Jan 10, 2011 09:54 pm Post Subject:

THE APPRAISAL CLAUSE EXPLAINED
The Appraisal Clause is a provision found in most auto policies that can be invoked either by the insured or the insurer when the
insured and the insurer do not agree on the amount of the loss.
PURPOSE: The appraisal clause is a clause put into most auto policies as a method of resolving disputes on auto property damage claims
when the insurer and the insured do not agree on the amount of the loss.
ADVANTAGES: This provision is designed to create an expeditious and efficient resolution to disputes on the amount of the loss and avoid
going through the lengthy court process to resolve the amount of the loss.
THE FOLLOWING IS A BASIC PLAIN LANGUAGE EXPLANATION OF THE APPRAISAL CLAUSE AND HOW IT IS DESIGNED TO
WORK:
The insured shall choose and pay for an independent impartial appraiser to represent them. The appraiser can be anyone that is impartial,
competent and has specific knowledge and experience pertaining to the cost of the type of repairs in question. (ie - body shop owner,
estimator, manager, independent appraiser, etc.)
The insurance company will choose and pay for an independent impartial appraiser to represent them. The appraiser for the company
should not be a staff appraiser or one that has a close relationship with the company. He or she should be independent. Again, the appraiser
can be anyone that is impartial, competent and has specific knowledge and experience pertaining to the cost of the type of repairs in
question. (ie - body shop owner, estimator, manager, independent appraiser, etc.)
The two appraisers will be required to select a neutral third party known as an umpire (for whom the insured and your insurer split the cost, if
necessary) The umpire is to be selected by the two appraisers, not the insurer or the insured. If the two appraisers can not agree on an
umpire, either may request that the selection be made by a Judge of a court having Jurisdiction. NOTE (The umpire should be agreed on
prior to the commencing the process even if the umpire is ultimately not utilized in the process)
Both appraisers will state their estimates for the loss separately. If the two appraisers can agree on the amount of the loss, that amount
should be submitted to the insurer and that amount will become the binding amount the insurer is required to pay. If the appraisers can't
agree, they will submit their differences to the umpire and a decision by any two of the three is binding and becomes the amount the insurer
is required to pay.
If a dispute arises on the amount of a loss and the insured intends to invoke the appraisal clause to resolve the dispute it should
be done as quickly as possible to avoid the delay of the repairs or settlement of the loss. Since the Appraisal Clause is a part of
the auto policy or contract of insurance, it can only be utilized when a dispute arises on a first party claim. The appraisal clause is
not a method that can be utilized to resolve a dispute on a third party claim. In a third party claim the method of resolving the
dispute would be to go to court.
NOTICE: The information and documents provided herein is a plain language explanation of the appraisal clause and is not a legal
definition of the appraisal clause. This information and documentation is provided as a guide only and is not meant to take the
place of legal advice. If you feel that you need legal advice you should contact an attorney.

Posted: Thu Jan 13, 2011 10:54 pm Post Subject: company has fail to carry out proper investigation

i been with this insurance 2yrs there has been three accidents in 2yrs that was not my fault i never recieved any tickets now its time to review my policy and they are saying that they wont renew my policy because they say i have violations because of these accidents do i have any grounds to sue. non of these accidents was my fault

Posted: Fri Jan 14, 2011 05:05 pm Post Subject:

do i have any grounds to sue

First, sue over what? What are your damages? You don't have any. A company can choose to offer or not offer their service if they want. Just like I can't make you dig a hole in my backyard.

Posted: Wed Feb 09, 2011 02:33 am Post Subject: suit

how and what do i file with my local district court.....i would think its gonna be a motion for a hearing and where do i get the paperwork from......

Posted: Fri Feb 18, 2011 04:06 am Post Subject: Found at fault for lane change

I looked and could see around the corner, then started to change lanes. Yes sounds incriminating.
I wasn't going fast, but as soon as I started out of no where got hit.
If it wasn't for the bend in the road, I wouldn't have had good vision.
Automatically I am at fault. no beep, no screech of brakes, I was hit.
A light was behind me, I was thinking maybe this guy ran a light and hit me.
My vehicle got the side of the door dented in real good to the tune of $3,500, also got part of the back door. Other driver ended up with a fender bender, and today found out my insurance paid him also $3,500 for a fender bender?
What is wrong with that picture.
called the police, other driver did same thing.
Police asked if anyone was hurt, we both told the police no.
Now other driver is claiming injury.
He was the first one out of the car taking pictures with his phone, calling his relatives, just walking all over the place.
My car was pinned with the rear end out so someone would run into it if they came around the corner.
The claim is still opened.
I think, I can't get a straight answer, and the claims person just told me they paid out all this money, for his barely messed up fender.
I am angry, about this, someone taking advantage of my insurance.
And now if that isn't bad enough, this guy is claiming injuries, trust me, there is nothing wrong with him, just sueing my insurance.
Why isn't my insurance doing a better job of investigating the accident.
The reason I was changing lanes, sorry that sucks.
Now he says he was already in the lane, not true. I still think he ran the light but can't prove it. You would have the thought the front of my car would have been hit if he was already there not the very back side of my part of my car
It seems my insurance isn't doing me any favors either by paying that much for a little fender bender. I have never heard of such a thing.
Any suggestions out there on how to handle this situation any help or suggestions appreciated. This is the first accident in 30 years.

Posted: Fri Feb 18, 2011 06:17 am Post Subject:

And now if that isn't bad enough, this guy is claiming injuries, trust me, there is nothing wrong with him

What you need to think about is how the insurance company needs to view this issue. Are you a doctor? How long have you been practicing? Did you give this other person an exam? On the other hand there are actual _doctors_ who did examine the other person who _will_ say he was injured. Placing you against a doctor in court to comment about the other person's injuries... who do you think a jury will go with? What always amazes me is that people who hit other people always claim the person is faking the injury... but these are the same people who claim an injury when they get hit. It's odd how that works.

It seems my insurance isn't doing me any favors either by paying that much for a little fender bender.

They have no interest in paying too much. As mentioned above... people always complain that insurance company never pay what is fair... but when it comes to paying other people they pay too much.

Any suggestions out there on how to handle this situation any help or suggestions appreciated.

Let you insurance company handle the matter. They know what they are doing.

Posted: Tue Feb 22, 2011 11:46 am Post Subject: USAA Property Claim

My apartment was broken into in January while I was out of town for the weekend. I have coverage of $100,000 for renters insurance through USAA, which $50,000 covers my personal property. After I returned and seen what had happen I called the police and went through all the steps of filing a report and having them dust for finger prints. The next day I call and informed USAA and they set up my claim the first interveiw I told them about my jewlery that was valued close to $5,000 and everything that happen and what was stolen and my total value of items stole came close to $38,000. they told me since I have coverage up to $50,000 it can be added in so I sent in proof of ownership by photos of most of my property, I filled out the Stole property spread sheet that they emailed me. I faxed them the police report and emailed them photos of the property damage from the break in. an adavance was paid to me of $2,500 and explained it would be deducted out of the total payment along with my $250 deductable and would take about a week do the numbers and put the paperwork togather. A 2-3 week period went by, I would call and get no answer so I leave a message and still would not get a response finally I called and got through and my claim was done I was told my total would be paid in the amount of $35,000 and I would recieve the first payment in 48 hours of $10,782.77 and since I did not have Valueable Personal Property Insurence for my jewlery it only covers up to $1,000 so they will not charge me the $250 deductable which does not compensate $5,000. but thinking I would get the other 2 payments to get the $35,000 I let it go. But, when I got the paperwork in the mail and veiwed everything online I see they have the $10,782.77 and $2,500.00 for a total of $13,282.77 as complete payment. All the red flags went up they depreciated my belongs $21,068.94 there is no way I can begin to replace my things with $13,282.77 with the upgrades in electronics and I had 4 outfits, a jacket, and 2 pair of shoes when I came home I was wiped out my apartment was ram shacked...Now I 've been robbed lied to and ripped off I still have my bills and expenses to pay along with trying to buy back my life and belongings can you please help me? Would you tell me how to sue or go about this so I have a positive out come do I call and ask for managment or contact DOI and a lawyer?

Posted: Wed Feb 23, 2011 02:09 am Post Subject: Neglegence by Ins Co

I have never had an accident in my life, Im 53. I have had insurance with Geico for about 4 years. I had all of my limits at the max $100-$300, except for personal property because I thought that was a fence, a pole, a tree, etc. My son was also on my policy, he is 26. He was involved in an accident and when I called to file the claim, I was told my insurance would only cover $5000.00 of the damage to the other car, I was shocked! Since I had my limits so high. I purchased my policy on line. Not once did anyone call me to discuss my coverage, that maybe having the personal property limit so low did not look right, but they were sure quick to collect my premium out of my account. I now have a attorney seeking reimbursement of the balance of the other car about $9000.00! I believe my insurance company was negligent in not checking up with my limits. If I had gone into an office to obtain my policy, this would have never happened, but because I purchased the policy on-line, I was not given the same attention. Please advise.

Posted: Wed Feb 23, 2011 02:34 am Post Subject:

Would you tell me how to sue or go about this so I have a positive out come do I call and ask for managment or contact DOI and a lawyer?

First, you should have started a new thread. More people would see it.

You need to contact your adjuster and go over the payment. I can see two issues... there are certain limits for certain types of items on the policy. You need to know what these are how they affected your payment. You then need to have the adjuster explain actual cash value payment and replacement cost. If you have RC then the difference is only paid once you replace the items and submit the receipts. You probably want to better understand the situation before you jump _way_ down the line and pay for an attorney to do this work for you.

Posted: Wed Feb 23, 2011 02:42 am Post Subject:

I believe my insurance company was negligent in not checking up with my limits

Sorry to say, you'd be 100% incorrect. It's no one elses responsiblity to check with everyone and make sure that they did not make a mistake when choosing coverage. Your carrier explained the coverage online when you picked the coverage and they also explained _exactly_ what the limits were and what they applied to when they mailed you your policy. Did you not understand what you were paying for? Did you not read your policy? Yet you say that the insurance company should have called and spoke to you about this? You think this _only_ after you realize your $5000 is insufficient to address someone else's loss.

I now have a attorney seeking reimbursement of the balance of the other car about $9000.00!

Your company will make every effort to settle the loss for your $5000. They won't make a payment until either a release is signed by the other person or until the other person wins a judgement in court. If this goes to court, your carrier will hire an attorney to defend you.

If I had gone into an office to obtain my policy, this would have never happened, but because I purchased the policy on-line, I was not given the same attention.

Perhaps... but my guess is that you'd still attempt to blame someone else. If you had _any_ doubts or questions about what you were choosing then you should have picked up the phone and asked or read more about the limits online. If I buy something and it's not what I needed I don't blame the store for not questioning me when I was paying for it.

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