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:
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:
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.
- 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
- Suing your insurance company
- Can you sue your insurance company?
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- How to sue car insurance company?
- Suing insurance company for bad faith
- Truck driver suing insurance company
- Suing for liability claims
- Sue for breach of contract
- Can you sue for liability claims?
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.
Posted: Sun Feb 12, 2012 10:30 pm Post Subject:
My other concern is that this insurance pricing has devalued my home
Who should be named in the suit?
Sure you can sue... you will lose... but you can sue. Also, you might want to actually put at least a little thought into what you mentioned. I'm guessing you will be suing for more then is allowed in Small Claims court. As such, are you planning on representing yourself? If you can't figure out who so sue and are going to represent yourself, be prepared to loose.The reason you don't know who to sue is that your premise of lost value is just crazy and incorrect.
Something better needs to be done here in Florida. I am sure that I am not the only one in this situation
I agree. You need to start leaning on and electing good politicians who can correct the problem.Posted: Mon Feb 13, 2012 02:59 pm Post Subject:
they have denied my claim and will not give me a copy they say it is in the "product file" i live in nj
They denied to send you a piece of written communication stating why they denied the claim? Or did you mean to say that they denied to send you the claim report?
In case of the latter, your insurance company is not liable to send you the claim report. If they have denied sending you a letter which expresses the reason for denying the claim, you should file a report with the state department of insurance.
Posted: Mon Feb 13, 2012 03:04 pm Post Subject:
They refused several treatments ordered by Doctors including one they sent me to
Your insurance company refused to pay for the doctor the company itself appointed for you? This doesn't sound right. Care to enumerate?
Posted: Mon Feb 13, 2012 03:31 pm Post Subject:
Customer was pretty much brushed off when the question was asked, they were not sure !!!!
I'm not sure what this statement means exactly. Would you care to explain it a little more lucidly?
now I find out that it should have been filed and is now too late
From the date of the incident to the date you posted the question, its been only 3 months. The Statute of Limitations dictate the time limit for filing a claim. Different states have varying limits set by the statute but a minimum of 1 year from the time of the incident is the most common time limit for filing claims. Each state has different limits though. You should check with your states DoI to find out for sure.
Posted: Thu Mar 29, 2012 11:41 pm Post Subject: Sue Insurance Company
hi. my name is david im with ***** car insurancy company. i have been injusticed what can i do about it. im thinking of sueing the car insurance company. where can i find help
Posted: Fri Mar 30, 2012 09:59 pm Post Subject: Suing Title Insurance Company
My title insurance company refused my claim.I had closing date to sell my house, and unknown to me was an outstanding open permit from 1999.I bought the house in 2002.This outstanding permit from 1999 meant that there was NO FINAL Occupancy Inspection or approval given.Therefore,this let my sale fall through and I had to incur major expenses in attempting to get the property in compliance,as well as additional expenses to stay in the house until a later closing date!Isn't Title Insurance supposed to protect me from a situation that may come up prior to my owning the house?Why was I allowed to by the house in the first place?My bank gave me a loan,but they are not supposed to if there's an open permit with no final occupancy?Do you think I have a good case here,I'm out alot of money here because of my squashed deal and I want to go after them.May I hear your response,.Thanks
Posted: Fri Apr 06, 2012 01:38 am Post Subject: Suing insurance company for a death.
My brother was killed in a motorcycle accident. He was not on his bike and he simply lost control. No one else was involved. Can we sue?? Thanks
Posted: Fri Apr 06, 2012 04:14 am Post Subject:
Can we sue??
Sure, why not... have anyone in mind or you just going to pick the next person you see walking down the road.Posted: Fri Apr 06, 2012 10:53 pm Post Subject: help
ok heres what i know and the gist of the story. A car accident happen speculation of coverage came into question and apparently money didnt clear until after the accident even though me and the other person involved have phone calls showing the time when 911 was called was way after the stated time given to the insurance company by the trooper so victoria insurance didn't accept our time of the accident and went that stated by a state trooper who wasn't even there. it seems like all hope was lost...... so i was trying to get the time amended buy calling the the trooper and my brother tells me why should it matter what time it was paid because i called the day before where on victoria insurance website it says "policy change take effect the moment requested" that most insurances do this for those who want to make a change or add a new car after buying it on a lot and begin able to drive it while paying the upgrade later. we go back to our account and it actually shows an increase in coverage and then a decrease the day before the accident that increase itself tells me clearly i should have been billed at the end of the month and that no money was actually needed to begin with. i told this too adjuster, who tells she wants to give me coverage, but at every passing chance tries to block me from it. i also tell her, last Friday the other adjuster (who is no longer) there said i was in the clear and covered. she tells me it "doesn't matter what the previous adjuster says." so after all is said and done they're going back to check to see when and if and when i called which it would show it did and if coverage was upgraded which it will show. if they still say no do i have a case.
Posted: Sat Apr 07, 2012 12:25 am Post Subject:
Great.... good luck with that.
DOES ANYONE READ MY SIG???!!!! :roll: :x
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