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: Fri Apr 18, 2014 09:46 am Post Subject: Droppin you with out notifing you
Can i sue my insurance company gor dropping me with out telling me
Posted: Fri Apr 18, 2014 01:42 pm Post Subject:
Can i sue my insurance company gor dropping me with out telling me
Yes... you can sue anyone for any reason. Does not mean you will win.
Your carrier will produce confirmation that they mailed you several notices. During your deposition you will be asked how often you normally pay your premium (probably month to month). You will be asked for documentation to show that you paid for the month the carrier did not get payment. You won't be able to show that you paid. You will be asked why you thought you did not need to pay that month. In other words, you knew you owed a payment and did not pay. You can blame this on someone else if you want.
Posted: Wed Apr 23, 2014 07:05 pm Post Subject: suing an insurance company
I have a question, my husband was hit from behind in my vehicle and pushed into traffic, I filed a claim with the other persons insurance agency. Before my husband was hit my car had absolutely no problems, after he was hit it started making a loud noise and was hard to steer and I also had a crack in my windshield as a result of the collision! They will hot pay for anything but the rear bumper, they are trying to claim that the other problems are not a result of the collision. Can I sue them for the other repairs because as I stated before their was absolutely nothing wrong with the car before it was struck....
Posted: Fri Apr 25, 2014 11:36 pm Post Subject:
Sure. I would get one of them out for blood high powered attorneys who have never seen the inside of court room and have them file suit against the insurance company. The insurance company should take your word that there was nothing wrong with your car before the accident.
Posted: Wed May 21, 2014 04:05 pm Post Subject: Naming defendents / legal rights
Warm greetings Sil and my gratitude in advance for your insights! Do I include Allstate as an additional defendant? My story:
DEFENDANT HIT MY VEHICLE WHILE BACKING OUT OF HIS GARAGE. DEFENDANT ASKED CLAIM NOT BE FILED BUT WOULD PAY REPAIRS. ASKED DEFENDANT FOR PAYMENT ON NUMEROUS OCCASIONS WITHOUT RESULT UNTIL FILING INSURANCE CLAIM IN MARCH 2014. PLAINTIFF LIED TO ALLSTATE, STATING IT 'NEVER HAPPENED.' PLAINTIFF HAS WRITTEN PROOF OF INCIDENT IN WRITING FROM DEFENDANT AS WELL AS WITNESSES.
ALLSTATE ADJUSTER ESTIMATE OF REPAIR TREBLED FOR ECONOMIC LOSS and emotional distress suffered as result of refusal. Bad faith was exihibited by defendant when not fulfilling oibligation for more than 90-days while hosting cocktail parties and purchasing snow machines with expenditiures in excess of several thouisanbd dollars. Defendant he could not affords to pay which was yet another absolute lie.
Allstate, the insurance company for both plaintiff and defendant:
1. FAILED TO CARRUY OUT PROPER INVESTIGATION
2. EXHIBITED UNDIUE DELAYS IN PROCESSING CLAIM
3 DISREGARDED MY RIGHTS AS POLICYHOLDER
ALLSTATE NEVER ADVISED ME OF THE STATUS OF CLAIM, NOR ADVISING ME PF THE ALLEGATION OF COMMITING INSURANCE FRAID.
IN SPITE OF VOLUMES OF EVIDENCE PROVIDED AS I WEORKED THROUGH APPEALS, THE HIERARCHY ATR ALLSTATE REFUSED TO LOOK AT OR CONSIDER THE EVIDENCE PROIVIDED.
EVEN AFTER SHOWING THE ADSUTER THE IMAGES OIF THE TWOI VEHOICLES HE STATED IT WAS CLEARLY THAT VEHICLE COLLIDING WITH MINE. HE COMMITTED TO CALL THE REPRESNETTAIVE I WAS WORKING WITH TO STATE THIS FACT AND NEVER FOLLOW-ED THROUGH ON MY BEHALF AFTER FURTHER STATING HE KNEW THE REPRESENTATIVE FOR YEARS AT ALLSTATE.
ANOLTHER MANAGER WHO REVIEWED THE CASE LEFYT A VMAIL FOR ME CITING THE WRONG MODEL OF CAR DRIVEN BY THE DEFENDANT, CASUALLY DISREGARDING THE COMMUNICATIONS SENT TO HIM WITHOUT REFERNCE. GETTING THE WJHOLE INCIDENT NOTHING MORE THAN A FAIRY TALE.
THE DISHONEST MANNER EXHIIBITED BYT BOITH THE DEFENDANT AND ALLSTATE IS REPREHENSIBLE. THIS QUALIFIUES THE SUOT FOR PIUNITIVE DAMAGES AS THEY DID NOT BEHAVE RESPONSIBLY IN COIMMUNICATION / CORERESPONDENCE.
ALL OF THIS CREATED A TREMENDOUS STRESS. IT REQUIRED HOURS UPON HOURS IN COMMUNICATION WITH AND PROVIDING HARD EVIDENCE AND EXHIBITS TO VINDICATE MY NAME AGAIST BEING LABELED A FRAUD TO AN INSURANCE COMPANY. A FEDERAL OFFENSE.. AS IT RAN UP THE POOLS AT ALLSTATE, WHILE SECURING AN ADVOCATE, MANAGEMENT AFTER MANAGEMENT INCREDULOUSLY REFUISED TO LOOK AT EVIDENCE AND OVERTURN DECISION FORCING FURTHER AND FURTHER IMPOETICE TO KEEP GOING UP THE CHAIN OF COMMAND UNTIL THE EVIDENCE WOULD BE SEEN AND WOULD BE HEARD.
UNDER THESE CIRCUMSTAHCES, CLAIM TIMES TREBLE IS MORE THAN FAIR. CONSIDERING THE AGGREHIOUS DEFAMATION OF CHARACHTER, STRESS AND ANGUISH SUFFERED.
Posted: Thu May 22, 2014 01:52 am Post Subject:
UNDER THESE CIRCUMSTAHCES, CLAIM TIMES TREBLE IS MORE THAN FAIR. CONSIDERING THE AGGREHIOUS DEFAMATION OF CHARACHTER, STRESS AND ANGUISH SUFFERED
I should make a new policy not to respond to posts unless the person choose to use _some_ form of punctuation. :roll:
Lets less if I can sum this all up in just a few sentences (you know... those things with capital letters at the beginning and periods and what not at the end).
Someone back into your car and offered to pay for the damage. They did not so you filed a claim with Allstate under the other person's policy. The other person (I guess?) said the accident did not happen so Allstate denied your claim.
If the other person said it never happened then why would you have his insurance information? If you don't like the findings, either file a claim under your own collision coverage or file suit against the other driver.
Any claim you make for injury will be denied and I don't see you winning in court.
Posted: Thu Jun 05, 2014 03:40 pm Post Subject: suing a house insurance comp
is there a limit on filing a claim against water damage? is 2 yrs too long to have waited
Posted: Thu Jul 03, 2014 06:32 pm Post Subject: unfair practise
My car insurance company are settling a claim without investigating accident fully which mean i will lose my no claim and my premium will increase. what i can i do
Posted: Fri Jul 04, 2014 12:17 am Post Subject:
My car insurance company are settling a claim without investigating accident fully which mean i will lose my no claim and my premium will increase. what i can i do
Dispute it and have your agent pursue the matter.
However, why would an insurance company just pay money for no reason? Many people don't think they are at fault when they really are. What real rubs me is when the insured does not want the claim paid as they feel they are not at fault and when the insurance company defends and it might cause more then the policy limits (ie. money out of the insured's pocket) they scream bloody murder and demand that they claim be paid.
Posted: Mon Jul 14, 2014 04:53 pm Post Subject: Can I sue my insurance company
My oldest son was involved in a car accident & was charged with failing to yield the right of way. . My car was totaled,my insurance company written me a check for the value of my car.. my other son was in the car also.. can I sue my insurance company for my other son that got a few bruises??... i've asked the insurance adjuster about the medical bills,I was told that someone will be contacting me,that's a separate claim. . Its been over a month now & I still haven't heard anything from anybody... what should I do??.. continue to wait or consult an attorney?
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