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If you are a victim of the type of personal injury discussed in this article, but do not live in the city featured, click Attorney Profile to access your local attorney information. The Elite Lawyer Project personal injury lawyers are experienced in a wide variety of personal injury claims and provide a free case review.

When Insurance Won’t Pay your Car Insurance Claim

When you get in a car accident that should be covered by the insurance company under your policy but the insurance company refuses to pay on the claim, it may be time to contact an insurance lawyer.  This experienced individual can advise you about your legal rights, including whether or not you have a viable claim for insurance bad faith.  There may be a few options available to you that are detailed below.

Use the Other Driver’s Insurance

If another person caused the car accident, you may be able to file a claim with the other insurance company that insures the negligent party. All states require drivers to maintain automobile coverage, and the majority of insurance policies provide liability coverage for property damage. This amount provides compensation to repair the property damage caused by the accident.

You will likely have this information handy as most responsible drivers will exchange insurance information after being involved in a car accident. This information can be used to file a claim with the other driver’s insurance company.

Take Your Case to Small Claims

If the car accident was minor and did not result in a bodily injury, it may make sense to take the case to small claims court. Although the amount of damages that is covered in a small claims court is different in each state, most states have a limit of $5,000. If a case goes to small claims, the court may ask the parties to consider mediation in order to avoid the intrusion of a court.

Take Your Case to Civil Court

If you have been injured in a car accident or sustained a substantial amount of property damage that you cannot have covered otherwise, you may want to consider hiring an insurance lawyer to file a civil suit. Through a civil court, you can sue the other driver, as well as list your own insurance company as a defendant if you believe that insurance bad faith played a part in the case. Being familiar with the following terms can help you understand the legal process:

  • Negligence – Most car accident lawsuits will be based on the legal theory of negligence. This basically means that the other driver did not drive in a reasonably safe manner.
  • Negligence per se – This legal theory means that a driver’s actions should automatically make him responsible for damages. Examples may include running a red light or violating another type of traffic law.
  • Bad faith – If an insurance company failed to pay a valid claim and attempted to avoid its liability to the insured, you may have a case against the insurance company.

If you were injured in a car accident and your insurance company refuses to pay on your valid claim, an  insurance lawyer may be able to assist you with filing an insurance bad faith claim. If you live in Boise, Atlanta, Nashville, Cheyenne, Portland ME, Houston, Long Island, Baltimore, Green Bay or anywhere else in the US, call today to receive a free case evaluation.

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