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: Wed Apr 07, 2010 10:22 pm Post Subject:
Lori, you don't get double points for double posts.
:roll: :lol: :roll: :lol: :roll: :lol: :lol: Oh for Pete's sake! must've had a little glitch this morning..that's funny.... :lol: :lol:Posted: Sat Apr 10, 2010 07:25 pm Post Subject: Can I sue uninsured driver
I was injured by a car out of gear rolling into me. I filed a claim with my insurance co. Haven't received an offer yet. My question is even if my insurance co gives me a settlement can I still sue the uninsured driver?
Posted: Sat Apr 10, 2010 07:33 pm Post Subject:
My question is even if my insurance co gives me a settlement can I still sue the uninsured driver?
If your carrier pays they inherit your right of recovery. So, no.Posted: Tue Apr 13, 2010 04:47 pm Post Subject: workers comp
I have been issued a lifetime medical award from the state for workers comp medical benefits. But, everytime their (workers comp) back specialist wants to do a test, or this time surgery, they drag their feet and make my medical condition worse. Can I sue the insurance company?
Posted: Tue Apr 13, 2010 11:57 pm Post Subject:
Why don't you file a complaint with your states Dept of Ins first and see how that goes
Posted: Sun Apr 25, 2010 09:03 pm Post Subject: "led to believe"
After living in an apt. for 9 months due to a fire in our house, we were led to believe by our adjuster that we had to move back in to our house because the insurance company would not pay any more rent. Our coverage includes "loss of use" for up to $78,000. The rent was $3600/month x 9 = $32,400. We moved back in to a house that was not finished being rebuilt and as a result we were exposed to many adverse conditions (sawdust etc) as well as the emotional and relationship problems that came along with it. I recently saw a case where an actor was led to believe he had tickets to the Oscars but when he got there he was detained for 6 hours and is now sueing the Oscars for $50 million. Do We have a case? And if so who can we get to handle it?
Posted: Sun Apr 25, 2010 09:04 pm Post Subject: "led to believe"
After living in an apt. for 9 months due to a fire in our house, we were led to believe by our adjuster that we had to move back in to our house because the insurance company would not pay any more rent. Our coverage includes "loss of use" for up to $78,000. The rent was $3600/month x 9 = $32,400. We moved back in to a house that was not finished being rebuilt and as a result we were exposed to many adverse conditions (sawdust etc) as well as the emotional and relationship problems that came along with it. I recently saw a case where an actor was led to believe he had tickets to the Oscars but when he got there he was detained for 6 hours and is now sueing the Oscars for $50 million. Do We have a case? And if so who can we get to handle it?
Posted: Mon Apr 26, 2010 10:59 am Post Subject:
What is their reason for you moving back in?
The coverge you refer to is ALE (additional living expenses)...the definitions are very clear what the money is for and goes to. Is apt rent the only thing you used your ALE for?
Posted: Tue Apr 27, 2010 03:34 am Post Subject:
Lead to believe and told you have to... are two different things.
9 months is a long time to rebuild a house fire. My guess, there has been some feet draging usually by the insured or contractor. Usually if it was the insurance company dragging, they won't have you move out.
There is more to this story.
Posted: Mon May 03, 2010 04:51 pm Post Subject: car accident
Can i sue a persons ins that hit my car in the back if my insurance was lapse.
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