Can we sue an insurance company? 16 Answers as of April 26, 2013

My fiance was involved in an accident in which she was not at fault. We didn't initially involve a lawyer nor could we afford to see a chiropractor. When we asked the other driver's insurer, they told us we had to pay out of pocket. Now the adjuster has offered an insulting settlement. Are we able to sue?

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
No your fiance cannot sue the insurance company but she can sue the at-fault driver. There are very few instances in which a person can sue a car insurance company itself, some of which include: uninsured motorist claim; under insured motorist claim; and the at-fault driver files for bankruptcy. Your fiance sues the at-fault driver if she cannot reach a settlement with the insurance company. The at-fault driver's insurance company will hire an attorney to defend their driver and will pay, up to their Liability/ Bodily Injury coverage limits, your fiance if she does finally reach a settlement or if her case goes to trial and a judge or trial renders a verdict or judgment in her favor. Your fiance may want to consult with an automobile accident attorney to discuss her case. Most accident attorneys offer a free initial consultation so it will not cost your fiance anything to get more information about her rights and options.
Answer Applies to: Nebraska
Replied: 12/14/2012
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Get a lawyer before you screw it up any worse than you already have done.
Answer Applies to: Michigan
Replied: 11/29/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You sue the owner and driver of the other car. don't pay much attention to anything an insurance adjuster says to you. but if you don't have medical bills to support your injury no one will believe you, so the value of your claim is not very much any way you look at it.
Answer Applies to: North Carolina
Replied: 11/29/2012
John Russo | John Russo
Yes, but you most likely hurt any case you may have had by dealing with the insurance company on your own.
Answer Applies to: Rhode Island
Replied: 11/28/2012
Richard E. Damon, PC | Richard E. Damon
It's always a problem suing for injuries when there is no treatment. You have the right to sue, but you will have problems convincing the insurance company to pay you more than an insulting sum.
Answer Applies to: California
Replied: 11/27/2012
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    In California, you sue the adverse driver to "get to the insurance" you don't sue the insurance company. Despite the insurance companies' continued bad faith tactics in attempting to resolve accident claims for nothing or next to nothing, there is no longer a claim for bad faith tactics against insurance companies for third party claimants (people who are not the insured). Depending how long ago the incident was you may be able to bring a claim. The statute of limitations in California for auto accident claims is generally 2 years from the date of the incident.
    Answer Applies to: California
    Replied: 11/27/2012
    Stephens Gourley & Bywater | David A. Stephens
    You sue the driver.
    Answer Applies to: Nevada
    Replied: 11/27/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You bet you can.
    Answer Applies to: California
    Replied: 11/27/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Of course. Personal Injury lawyers usually only charge on a contingent fee basis so it will not cost you anything until he or she can obtain a reasonable resolution for you.
    Answer Applies to: Florida
    Replied: 11/27/2012
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    In SC, a lawsuit is an option available to your fiance. You should consult with a local attorney as soon as possible regarding this matter.
    Answer Applies to: South Carolina
    Replied: 11/27/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    In Ga you have 2 years from the date of the incident within which to file suit.
    Answer Applies to: Georgia
    Replied: 11/27/2012
    Michigan Auto Injury
    Michigan Auto Injury | Bret A. Schnitzer
    You should have the right to get no-fault benefits to pay for medical treatment. Unless, she was driving a vehicle in her name that was uninsured, she is entitled to no-fault benefits. Without medical treatment the insurance company will not offer much.
    Answer Applies to: Michigan
    Replied: 11/27/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    The at fault party, not the insurance company. The insurance company is the one who ultimately is obligated to pay it, but you do not name them in the suit. However, without counsel they will continue to make insulting offers and understand that you have two years from the date of the accident in which to file suit. However, if you have not sought any treatment they will routinely only offer you $500 to settle. The problem is you are not in a position to settle if you or your fiance continue to have accident related symptoms. If you consider settling the insurance carrier will require you sign a release which requires that you release the at fault party for all things you know of and all things you don't know of that might result following treatment. Therefore, without treating for the injuries your fiance is taking a risk that something more significant is wrong and you won't know that until she receives some significant treatment.
    Answer Applies to: California
    Replied: 11/27/2012
    Victor Varga | Victor Varga
    Yes.
    Answer Applies to: Maryland
    Replied: 4/26/2013
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    Depends on when the wreck happened, and where. I am happy to talk with you without cost or obligation. We may also be able to help find a doctor who will treat her now and get paid when the case settles.
    Answer Applies to: Missouri
    Replied: 11/27/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    There are no fault issues and a potential third party case.
    Answer Applies to: Michigan
    Replied: 11/27/2012
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