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