You may have been involved in an accident, but your insurance company has denied your claims or has offered a low payout. You are now stuck wondering if you can sue your auto insurance company. This article provides all the answers to your questions.
Can I Sue my Auto Insurance Company For Denying a Claim?
If your claim gets rejected, you can sue your insurance provider. However, it depends on the circumstances that led to your claim being denied. Here are some valid reasons to sue your auto insurance company:
- Rejection of a properly filed claim
- Delayed claim payout
- Less payment
- Refusal of a share in bad faith
- Denial of a claim without explanation
However, auto insurance companies have the right to deny some insurance claims. Before filing a lawsuit, you must review the contract and understand the exceptions and disclaimers.
Can I Sue My Own Insurance For Pain And Suffering?
If you got injured in a car accident, you could sue your auto insurance company for pain and suffering. However, there are certain thresholds you need to meet. For example, in New York state, all drivers must have personal injury protection (PIP) coverage which covers your qualified expenses and damages up to $50,000 regardless of fault.
Can I Sue my Insurance Company For Emotional Distress?
The struggles you undergo caused by your insurer’s bad faith may lead to emotional distress. You may be stressed and struggling to find out where to get money to repair your vehicle or feel overwhelmed taking public transportation to work. All these challenges caused by the insurer’s bad faith can cause you harm, allowing you to sue the insurance company for emotional distress.Â
What Happens When You Sue Your Insurance Company?
There are various things to expect when you sue an insurance company, including:
- You have to hire an experienced lawyer to represent you in the case
- Your lawyer and the insurance company lawyer will examine the acts in a process popularly known as ‘discovery.
- You and the insurance company will cater for all the legal costs.
- If your case goes to trial, you will be presented as a witness to testify in court.
- A lawsuit can take years. You will have to be patient while waiting for the final judgment.
- Your lawyer will represent you all through the case and occasionally update you on the progress of the case.
What Benefits Can I Get When I Sue My Own Insurance Company?
There are different benefits you can obtain when you sue your insurance company. For example, under Texas law, some of the benefits you can get include:
- Collision coverage
- Medical payment coverage
- Uninsured and underinsured motorist coverage
- Towing and Labor Coverage
- Personal Injury Protection (PIP)
If you got injured in an accident, you could receive economic and non-economic damages. Economic damages include medical expenses and loss of salary, while non-economic damages include pain and emotional distress. When going to court to sue your insurance company, you need to work with an experienced lawyer who can help you win the case.
