Can You Sue a Car Insurance Company after an Accident?

Lawsuits Against Car Insurance Companies

Individuals injured due to the negligence of another motorist possess the legal right to seek financial compensation for their losses. .

If the auto insurance company engages in bad faith practices or refuses to pay the compensation you deserve for your injuries, you can sue them.

Taking legal action against the insurance company in order to force payment of fair compensation is sometimes necessary.

Individuals injured in automobile accidents should not bear the financial burden of expenses resulting from the negligent actions of another driver.

The insurers don't always play fair during the insurance claim process, and will use tactics to minimize or avoid paying.

Contact Lawsuit Legal for a free case consultation with a personal injury attorney to review your legal options and help you start your injury claim.

 

 

How The Auto Accident Insurers Treat Claimants: Our Experience

Insurance Company	Claim Process	Analysis
State Farm	Difficult	State Farm has a reputation for being difficult to deal with regarding bodily injury claims and is known for offering low initial settlement offers. In our experience they will commonly make low initial offers, on average 30% of what a claim is truly worth, especially in cases involving severe injuries requiring substantial medical treatment. In cases involving significant disputes over liability or damages, filing a lawsuit may be necessary to secure fair compensation.
Progressive	Quick settlements	Regularly employs aggressive tactics to settle claims quickly for pitifully less than they are worth. Claimants are recommended to speak with an attorney before accepting any settlement offer. It can require legal action to secure fair compensation in some cases. Legal representation has the potential to significantly increase payouts, especially in cases with severe injury profiles.
Geico	Lowball offers	Geico can be difficult to deal with and is well known for lowball initial offers that fall well below claimed medical bills. In general, Geico can be expected to make extremely low initial settlement offers in car accident cases. They can be expected to undervalue claims by 80% or more, offering 20% of claimed medical expenses. Expect more resistance in high-value cases, which frequently require legal action to obtain fair compensation. The claims process, however, is generally smooth and in most cases it's possible to reach a fair compensation value with the insurance adjusters without the need for a lawsuit.
Allstate	Challenging	Has one of the highest settlement ratios among the auto accident providers but can be among the most challenging to work with. Allstate tends can use aggressive tactics, lowball settlement offers, and prolong the claims processes. Claimants often need legal representation to secure fair compensation.
USAA	Fair	Reasonable payouts for auto insurance claims, particularly for serious injuries or cases involving substantial medical treatment. Potential for lowball first offers and other tactics used to reduce settlement payouts. A good injury lawyer will provide the best chance to obtain a fair value settlement.
Liberty Mutual	Frustrating	The experience can vary depending on the specific adjuster and the nature of your claim. A high claim volume can make it take more longer to settle claims and the process can be slow. Legal action is frequently necessary to achieve fair compensation, especially in high-value injury cases. Seek legal advice on whether suing for to maximize compensation makes sense based on your situation.
Farmers	Challenging	Farmers Insurance can be challenging to work with. They are known for downplaying injures, minimizing damages, delaying the claims process, particularly in high-value cases. Car accident victims should be prepared to take legal action against Farmers to secure fair compensation.

 

 

Why Insurance Companies Deny Claims (or Offer Low Settlements)

Insurance companies deny claims or offer low settlements to protect profits by using tactics like disputing liability, challenging medical evidence, and undervaluing damages. Some seem to deny valid claims as a matter of policy.

They commonly use a variety of tactics to delay claims to pressure victims financially or misrepresent policy terms to limit payouts. They prey on your ignorance of your rights. In our experience, adjusters can be expected to downplay injuries and dispute the impact of non-economic losses like pain and suffering. Experienced personal injury lawyers will be prepared to counter these strategies to secure fair compensation.

Tactics insurance companies use to deny fair compensation and fight claims

• Disputing Liability: Insurers argue that the claimant was fully or partially at fault to reduce or deny payouts.
• Challenging Medical Evidence: They question the severity of injuries, demand extensive documentation, or claim pre-existing conditions caused the harm.
• Delaying Claims: Prolonged investigations pressure claimants to accept lower offers out of financial desperation.
• Misrepresenting Policy Terms: Insurers may interpret vague language to limit coverage or deny valid claims.
• Downplaying Damages: Adjusters undervalue property damage or dismiss non-economic losses like pain and suffering.
• Claiming Procedural Errors: Minor paperwork mistakes are used as grounds for denial.

Suing an insurance company becomes necessary when they refuse to pay a fair settlement. By filing a lawsuit, victims can seek full compensation for their losses and pressure insurers to resolve disputes fairly. Suing insurers protects victims from exploitation and ensures they receive the justice and compensation they rightfully deserve.

Suing for Damages After a Car Accident

Filing a lawsuit against an auto insurer puts pressure on them to take the claim seriously. Legal action signals your intent to fight for fair compensation, often prompting the insurer to reevaluate their stance. It exposes them to potential court costs, attorney fees, and the risk of a larger payout if the case goes to trial.

Additionally, the discovery process can uncover information they'd rather not have scrutinized, pushing them to settle sooner.

A fair settlement offer from the insurance company should include full consideration and maximum value for your accident-related losses.

Recoverable damages may include:

• Medical Expenses: Costs for emergency care, hospitalization, surgery, physical therapy costs, medication, rehabilitation, and any future medical treatments.
• Lost Wages: Lost income and lost future earning capacity for potential inability to work.
• Property Damage: Recovery for vehicle repair or replacement, including a valuation for personal property damaged or lost in the accident.
• Pain and Suffering: Compensation for physical pain and emotional distress resulting from the accident in jurisdictions that allow it.
• Loss of Enjoyment of Life: If the injuries prevent you from enjoying day-to-day activities enjoyed in a pre-accident state.
• Permanent Disability or Disfigurement: Potential compensation for victims whose injuries require long-term disability or cause scarring.
• Other Damages: Other potential damages may include out-of-pocket expenses, loss of consortium, emotional distress, therapy costs, and legal fees.

If you suffered an serious injury in a car accident, you may need to sue the insurance company to recover fair compensation.

Statute of Limitations for Car Accident Lawsuits

After a car accident, it's crucial to understand that you have a limited time to file a lawsuit against the responsible party. This time limit is called the statute of limitations, and it varies significantly from state to state.

Generally, the timeframe can range from one to six years, depending on Your specific state's laws.

Missing the deadline usually means forfeiting your right to sue for compensation. While you may be unaware of the statute of limitations deadline on your case, the insurance companies are well aware.

Be aware that they may try to run out the clock with delay tactics so you lose your right to sue.

How a Car Accident Lawyer Can Help

A car accident lawyer levels the playing field if you aren't getting a fair shake with the powerful insurance companies. A good lawyer weighs the the details of your case and tell you whether whether a lawsuit makes sense. They'll investigate your accident, handle all communication with insurers, and calculate fair damages to ensure you're fully compensated.

Your legal representation is there to protect your interests. And if you've been seriously injured, the hard truth is, you'll need it.

Your attorney will guide you through the legal process and help you file a lawsuit if necessary to demand the compensation you are entitled.

Car Insurance Coverage & Liability

After a collision, your car accident lawyer will review the facts and evidence to determine what parties may be responsible. The police report, will typically cite the driver the officer deemed responsible for the crash.

Determining fault after an accident is important to understand which parties are liable and whose insurance may be responsible.

In most cases, a violation of the traffic laws or negligent behavior by the at-fault motorist is to blame, but it's not always so clera-cut.

The insurance policy coverage of the liable driver will affect the compensation available when you file a claim.

The liability coverage compensates for medical expenses, lost wages, and damages for accident-related injuries caused by the driver.

In a perfect world, the insurance company will pay for the injured party's losses making them whole, and the matter is resolved quickly. Following minor accidents, if you're not injured, the insurance claim process is relatively straightforward and you won't need legal representation.

In our experience, however, the initial compensation offered to car accident injury victims is often woefully inadequate.

States with at-fault insurance laws allow a victim to pursue a claim against any driver found negligent in an accident. States with no-fault laws require that specific circumstances be met for litigation to be available. Motorists file a claim with their insurance provider no matter who was at faul in no-fault states. Additionally, the amount a person may sue for after an accident is limited in states that have no-fault insurance laws.

Your attorney will help you negotiate with the insurance company to maximize what you receive from the insurance company.

In some cases, the insurance company will attempt to underpay or simply refuse to pay a fair amount for your injuries and losses. Depending on the nature of your case, your attorney may have to file a lawsuit to force them to pay what you are entitled to.

If you are forced to take legal action against the insurance company, you must demonstrate and prove the negligence and liability of the other driver.

If you suspect you aren't being treated fairly by the insurance company after a severe collision, contact the injury lawyers at Lawsuit Legal to review your case immediately.

Car Accident Settlement Negotiations

In most car accident injury cases, the claim will be settled before it goes to court. A strong case backed by evidence will give your lawyer the best chance at winning a fast and fair settlement.

It's in nobody's best interest to take a case to court unless the insurer refuses to pay anything but an insufficient settlement amount.

Even in no-fault states, you can sue the insurance company to collect non-economic damages and additional types of compensation when the injuries are life-changing or life-threatening.

Claims may be resolved at any point in pre-litigation and throughout the court process if an acceptable settlement offer is extended.

In our experience, the first insurance company settlement offer is woefully insufficient.

You are under no obligation to settle, and working with your attorney, you can continue the legal process until a sufficient amount is offered. Your attorney will negotiate with the insurance company, preferably from a position of strength, and fight to secure the compensation you are entitled to.