Can I sue an insurance company so they will cover the cost of my vehicle repairs? 3 Answers as of April 08, 2011

How can I get my car fully restored with the insurance paying the cost? I was involved in a bad car crash four months ago. I have been offered a settlement that is significantly less than the repair costs for my vehicle by the insurance company representing the party at fault. The amount will not cover my expenses.

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Sammons & Carpenter, P.C.
Sammons & Carpenter, P.C. | R. Shannon Carpenter
Short answer is most likely not. There are very few circumstances in which an individual is entitled to sue an insurance company directly. The correct party to file suit against in the circumstances that you have described would be the party at fault for causing the accident. Of course, by doing so, the at fault party's insurance company would be obligated to defend him/her and pay for any recovery that you may be entitled to receive.
Answer Applies to: Georgia
Replied: 4/8/2011
Van Sant & Slover LLC
Van Sant & Slover LLC | David Van Sant
If you question is whether you can sue an insurance company, the answer is likely no. However, you can sue the person responsible for the property damage, which will trigger the responsible person's insurance coverage and ultimately the insurance company will have to pay for your damages. Call me if you have any more questions.
Answer Applies to: Georgia
Replied: 4/4/2011
Andrew R. Lynch, P.C.
Andrew R. Lynch, P.C. | Andrew R. Lynch
You can contact an attorney and pursue bad faith litigation. If they are not settling your claim fairly you may be entitled to attorney fees and a $5000 penalty under Georgia law.
Answer Applies to: Georgia
Replied: 4/4/2011
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