Can I sue an insurance company for denying a claim? 21 Answers as of January 04, 2013

This is concerning an auto accident.

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
I cannot give you a definitive answer without knowing what the claim is about that is being denied. If the insurance company is denying that their insured is at-fault for an accident or that you were injured, you cannot sue the insurance company itself. You sue the driver of the vehicle. The insurance company then hires an attorney to defend their insured-driver and pays, up to their Coverage limits, if you win your case. There are very few instances in which a person can sue a car insurance company itself. Some situations in which you can sue an insurance company include: uninsured motorist claim; under insured motorist claim; or if at-fault driver files for bankruptcy.
Answer Applies to: Nebraska
Replied: 1/4/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Sure, why not? If you have a valid claim and they won't pay, sue them.
Answer Applies to: Michigan
Replied: 12/17/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You don't sue the company. You sue the owner and the driver of the car. The company then has to defend the case.
Answer Applies to: North Carolina
Replied: 12/7/2012
David F. Stoddard
David F. Stoddard | David F. Stoddard
You can sue your own insurance company for refusing to settle a claim in bad faith. If the decision to refuse to settle was reasonable given the facts and circumstances, you will lose. If it is someone else's insurance, for example if you were in an accident and the other driver's insurer refuses to settle, you cannot sue for bad faith. However, if you get a court verdict larger than what you offer to settle for, the insured may have a suit against his/her insurer for bad faith refusal to settle, which could help the insured driver pay your damages.
Answer Applies to: South Carolina
Replied: 12/7/2012
John Russo | John Russo
Based on the numerous facts you listed in your question I will give you the long legally well reasoned answer to your question, NO.
Answer Applies to: Rhode Island
Replied: 12/7/2012
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    No sue the driver and owner who hit you.
    Answer Applies to: Tennessee
    Replied: 12/7/2012
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    If you were injured by another person and his insurance company has denied the claim, you can sue the other person, not his insurance company. The insurance company will then have to defend its client.? You ought to talk to a lawyer about your situation.
    Answer Applies to: California
    Replied: 12/6/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    Maybe - you should contact a lawyer
    Answer Applies to: Michigan
    Replied: 12/6/2012
    Deaver & Deaver, PLLC | Benjamin W. Deaver
    You do not sue the insurance company, you need to sue the person driving the car that caused the damages.
    Answer Applies to: North Carolina
    Replied: 12/6/2012
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    If the insurance company is your insurance company, you can sue for bad faith should the facts support the claim. If the insurance company is the other person's carrier, no, you cannot sue that carrier for denying your claim. A lawsuit is against the car owner and driver. Even though we know insurance will defend and possibly pay a settlement or judgment, in California we do not sue the other guy's insurance directly on an injury claim.
    Answer Applies to: California
    Replied: 12/6/2012
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    Is it your own insurance company or the other person's insurance company. In California, there is no third party bad faith anymore, so if it is the other party's insurance company you cannot sue them. If you feel you are entitled to compensation and the insurance company is incorrect in their denial of your claim, you can bring a claim against the other driver.
    Answer Applies to: California
    Replied: 12/6/2012
    Maldonado Law Firm | Michael Maldonado
    You can sue your insurance company for bad faith or unfair settlement practices. In order to sue the at fault driver's insurance company you have to have a judgment that is in excess of the policy limits after a "S tower's Demand" or in several very specific instances.
    Answer Applies to: Texas
    Replied: 12/6/2012
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    If it is a car crash you would sue the at fault driver and their insurance company will defend them.
    Answer Applies to: Oregon
    Replied: 12/6/2012
    R&S Attorneys
    R&S Attorneys | Gunther Sanabria
    If your claim is supported by the facts or the circumstance of the accident, then you ave the right to file a lawsuit. Always consult with an attorney before filing a lawsuit to avoid filing a frivolous suit which carries various penalties.
    Answer Applies to: District of Columbia
    Replied: 12/6/2012
    Barr, Murman & Tonelli, P.A.
    Barr, Murman & Tonelli, P.A. | Daniel P. Mitchell
    That is a very broad question. First, if it is the other driver's insurer, you would have to sue the insured and get a judgment against him or her before you acquired any rights against the insurer. If it is your own insurer and they denied a claim under the PIP, medical payments, or uninsured motorist coverage (or for that matter, the collision coverage, if no one was hurt), then the answer is yes.
    Answer Applies to: Florida
    Replied: 12/6/2012
    Victor Varga | Victor Varga
    No, you sue the driver.
    Answer Applies to: Maryland
    Replied: 12/6/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    Yes, you can if they denied a claim which should have been covered under the policy.
    Answer Applies to: California
    Replied: 12/6/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    The question is not whether the claim was denied but is whether the claim was IMPROPERLY denied .
    Answer Applies to: Illinois
    Replied: 12/6/2012
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 12/6/2012
    Jules D'Alessandro | Jules D'Alessandro
    You can sue the other driver in the accident if they were at fault and there insurance company will defend them.
    Answer Applies to: Rhode Island
    Replied: 12/6/2012
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