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?
- Suing car insurance company
- 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: Mon Jan 14, 2013 11:22 pm Post Subject: I need Help
My sinkhole Claim was denied by Citizens Insurans company
Posted: Mon Jan 14, 2013 11:51 pm Post Subject: insurance company refused elec. wheelchair
I didn't have full use of limbs and needed electric wheelchair
after foot surgery. I was denied. Used manual chair, fell, MRSA
infection, keep getting infection. How many years do I have to
sue. NYS reversed Aetna's decision but they did not compensate and I am left handicapped.
Posted: Tue Jan 15, 2013 04:34 pm Post Subject: insurance
I pay for a policy for 8 or 9 years,the agent that I has they let go,and put us when a new agent,who told us that did has policy on my wife,we could find the policy at the time.my wife die 2years later, and I found the pilcy,want can I do
Posted: Tue Jan 22, 2013 08:30 pm Post Subject: poor workman ship/no inspection
I had an electrical fire in my home in January 2008...Just had a second fire at the same location (01-20-2013) This fire was due to poor workmanship...and there was no inspection. I'm being told by my insurance company that even though they hired the contractors in 2008 that my claim is not covered because I have a clause in my policy that doesn't cover poor workmanship. HELP!!
Posted: Tue Mar 05, 2013 12:12 am Post Subject: Insurance company ripped me off
I have a friend who had insured three cars under his name with his insurance company and one of those cars belonged to me but was under his name and i was added to that specific car ONLY as an additional driver. In december i had an accident in my car and the guy i collided with went to my insurance and they told him i was never insured on the car as additional driver so he didnt get covered. When i call the insurance they say i was neverr added as additional and they have nothing affiliated with me. I payed for the cars insurance with my debit card and they copies of my ID and now they are saying i was never insured with. I want to take action against them. This isnt fair i cant pay for 6000$ worth of repairs i dont have that kind of money.
Posted: Tue Mar 05, 2013 06:32 am Post Subject:
momof6
You should have asked for an inspection before paying off the contractor then. Since there was not inspection in 2008, it becomes your liability.
And the insurer won't cover for poor workmanship now.
Posted: Tue Mar 05, 2013 06:55 am Post Subject:
Ali_abdulwahid213@hotmail
Anyone can pay the premiums on a policy. The insurers won't complain as long as the policy gets paid.
The title was not in your name. The insurance was not in your name. You were not even listed as a driver. Why do you think the insurance will offer coverage for you?
Well, you can
take action
, if you want !!Posted: Mon Mar 25, 2013 08:56 pm Post Subject: baffled
I knew someone who became an insurance agent, naturally, I was considering switching to him, in full trust that I would be taken care of. His rates we're a little on the ridiculous side, but I figured I'd go with him anyways. While setting everything up, he picked the wrong car to insure from my previous policy, but changed it after I pointed out his careless mistake. Then, after talking with his assistant, I realized he had the wrong policy start date. ( a month too early) I corrected this with her and was assured it would be taken care of. I then found out that I was charged for that month that I had previously corrected with his assistant and while trying to get my money refunded, I was told that I needed to provide him with proof that I was in fact insured though my previous company, during said month, or he would not be able to refund me. I find this extremely "fishy". Also, I still have all the insurance papers. I haven't sent anything signed into him yet. So he has NO SIGNED INSURANCE PAPERWORK FROM ME. Was he acting illegally?
Posted: Tue Mar 26, 2013 03:57 pm Post Subject:
His rates we're a little on the ridiculous side, but I figured I'd go with him anyways.
Must be nice to be independently wealthy.I haven't sent anything signed into him yet. So he has NO SIGNED INSURANCE PAPERWORK FROM ME. Was he acting illegally?
File a complaint with your state's dept of insurance, and you'll find out.Posted: Thu Mar 28, 2013 12:45 pm Post Subject: renters insurance
Got renters insurance in feb,then my apartment roof started leaking had to find a place to stay till it got fixed.made a claim forloss of use of my apt,paid the 500$ deductable an they put meup in a hotel.5weeks later my apt is still not repared because of landlords insurance co,my ins,co, says its taking to long were not paying no more an was forced to move back in to my apartment leaking roof black mold an all!do I have a good case to sue?
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