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
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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: Thu May 20, 2010 12:48 pm Post Subject: HEALTH INSURANCE
of course u wouldn't sue the insurance company , that's because you are a insurance company. I am in the wrong forum you are my problem not my solution, sure i can fix my credit history but what about the two years it took the insurance to pay, apparently you know nothing or you are making the mistake as there are that you are talking to some idiot. when someone does this to you even the credit cards companies do random checks on your credit reports and when they see you have a judgment against you they lower your line of credit, its a domino effect it makes your whole world crumble, i wanted to know what kind of attorney i needed. i made threatening calls to the insurance company threatening to sue them for breach of contract of something of that nature to get there attention and they think its funny!!! these insurance companies think they run the country and are above the law!!! well there don't, this is still America the greatest country in the world and i am old school i am sure the courts will shine on me the little guy i refuse to be controlled by any company especially one i pay big bucks per month for there services they work for me and if they have forgotten that then i am going to teach them a lesson. i have been wronged i have never sued anyone in my life and if i was in a high security job i would of lost my high security rating and my position if not my entire job. i will sue empire blue and i will win!!!!! thanks for nothing !!!!!!
Posted: Fri May 21, 2010 12:09 pm Post Subject:
Finny-first we need to know EXACTLY where the damage to your vehicle was...where was it hit? Then EXACTLY what the shop is telling you is wrong with the suspension. You had it checked (prior to the accident) by Pep Boys AND Toyota? Why? What did you have it in both of these shops for?
Ticked, you need to tone it down, and grow up a little...Clearly you have trouble controling your emotions (ie being escorted from the bank by the police and barred from the bank-threatening phone calls). This will get you no where with anyone. In fact, you will continue to lose credibility, and no one is going to take you seriously. I (nor anyone else here) ARE the insurance company or ANY insurance company..we don't own any insurance companys, believe me none of us have that kind of jack.. :roll:
i made threatening calls to the insurance company threatening to sue them for breach of contract of something of that nature to get there attention and they think its funny!
See this shows your immaturity, do you really think that calling a ga-zillion dollar company and threatening to sue them is going to make them shake in their boots? Really?Look, here's the thing, you had your day in court (or did you not appear?)..you say they got a judgementn against you..how did that happen? Couldn't have without going in front of a judge and his gavel falling against you...THAT judgement is what ruined your credit (or that is your contention)...so, do you now have a 'satisfaction of judgement'? Since the carrier paid the claim ultimately (you said) that should've satisfied that judgement. Did you get it reversed?
i wanted to know what kind of attorney i needed
Call your states bar association, get some names of attorneys in your area that specialize in this type of suit...
i will sue empire blue and i will win!!!!! thanks for nothing !!!!!!
more power to ya' brother, let us know how that all works out for you..Posted: Sat May 22, 2010 02:20 pm Post Subject: about sueing
Is it true that once you sue anyone you build a record and then others can see that you are the type of person that would sue??
Posted: Sat May 22, 2010 04:56 pm Post Subject:
Complaints (law suits) are a matter of public records. So yes, people can view this information. They just need to search for the person's name.
Posted: Sat May 22, 2010 10:40 pm Post Subject: sueing
i heard that if you sue too many times the judge might dismiss your case because you are the type of person to do that. also, ur premiums go up!
Posted: Thu May 27, 2010 02:45 pm Post Subject: delay in claim
My car was totaled in February by an 18 wheeler who failed to yield right of way. His insurance company delayed in settling my claim for 4 months and has just now sent the pay-off check to my lien holder. As a result, I was out of pocket over $2000 for a rental vehicle and they will not reimburse because my vehicle was a total loss. Additionally, they promised to pay off my car long ago and since they just now sent the check, there has been a negative effect on my credit which will affect my interest rate and new car payment. Do I have grounds to sue for loss of use and negative affects on my credit due to delay of settling my claim?
Posted: Thu May 27, 2010 09:17 pm Post Subject:
i heard that if you sue too many times the judge might dismiss your case because you are the type of person to do that
I heard everyone gets a magic pony when they are born. Both are incorrect.Posted: Thu May 27, 2010 09:22 pm Post Subject:
Do I have grounds to sue for loss of use and negative affects on my credit due to delay of settling my claim?
As I always say... you can sue anyone for anything.Why the delay for 4 months? Did you ever ask during that time what the hold up was? You have a duty to mitigate your loss. You owed an 18 wheeler outright? You did not have collision coverage on it? To go along with my 1st question they tell you during that 4 months that they would be paying for the rental?
You did not make payments on your vehicle during those 4 months? why not? That was the agreement between you and your lien holder. Again, you have a duty to mitigate your loss.
Posted: Thu May 27, 2010 09:57 pm Post Subject:
My car was totaled in February by an 18 wheeler who failed to yield right of way. His insurance company delayed in settling my claim for 4 months and has just now sent the pay-off check to my lien holder.
WHY? Why was there a four month delay? And why didn't you file this with your carrier so your collision coverage could take care of this then subrogate them? You have a duty to mitigate your damages...Who did you rent a vehicle from that cost 2k for four months, (that's like 16 bucks or so a day),and why would you rent a vehicle for four months? Rather than get it settled with your carrier?As a result, I was out of pocket over $2000 for a rental vehicle and they will not reimburse because my vehicle was a total loss.
We'll need to to why there was a delay, first of all, second of all when did they deem your vehicle a total loss? How long after this did they issue payment?Additionally, they promised to pay off my car
I doubt they promised to pay it off, they would've told you they owed you the ACV (actual cash value)..not the pay off unless you owe the ACV or less..long ago
Who said this? and when?and since they just now sent the check, there has been a negative effect on my credit
Don't understand this statement...did you just quit making your payments once your vehicle was wrecked? That's the only way I can imagine this could happen, and why did you not make the payments? If you assumed they had paid it I'm certain that your leinholder would've sent more than one 'ugly' letter to you demanding their payment...Did you not respond to these letters?which will affect my interest rate and new car payment
What was the rate with this lender? on this contract? Have you EVER in your life been late or not made ANY payments? . All of this will come out in discovery if you decide you want to pursue this.Do I have grounds to sue for loss of use and negative affects on my credit due to delay of settling my claim?
maybe, but again, we need WAY more information about what caused the hold up on this claim, and why you didn't pursue other remedies (ie using your own coverage)..Posted: Fri Jun 25, 2010 04:39 pm Post Subject: Help i want to know if i can sue my insurance company!
I insured my car with country wide insurance. i told the agent that i pay a monthly payment. My car was stolen about a week agoi just found out that i only had liability insurance so i am out of a car and stilling paying for it. My question is can i sue my insurance company for giving me a wrong policy?
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