Suing an Insurance Company After an Accident

If you’ve been seriously injured in an accident and an insurance company fails to offer a fair settlement, you may find yourself suing an insurance company to get the compensation you deserve. If you choose this action, the experienced personal injury attorneys at our law firm can answer your questions about your legal options and how to seek compensation from an at-fault party with insurance claims.

Why Might I Sue an Insurance Company After an Accident?

If you’ve been seriously injured in an accident, you may face a denied insurance claim, an inadequate and delayed investigation by the insurance provider, or bad faith actions (like failing to uphold the terms of your contract with bad faith insurance claims). You can hold an insurance company accountable if they:

• Deny your claim without a valid reason
• Delay processing of your legitimate claim
• Offer you only a low-ball settlement, despite the severity of your injuries and property damage
• Refuse to provide coverage—such as personal injury protection—for your medical expenses or other damages
• Don’t engage in good faith practices (like misrepresenting the facts of your case or misrepresenting policy terms)
• Refuse to negotiate a fair settlement for your valid claim

Types of Insurance Claims You May Have After an Accident

If you’ve been seriously injured in an accident, several types of insurance policies may be relevant:

• Life insurance—if you lost a loved one
• Health insurance—if you have medical claims
• Auto insurance—if a negligent driver caused your car accident injuries
• Home insurance—if the injury occurred in someone’s home

How Does the Lawsuit Process Work?

The lawsuit process begins by filing a complaint in court and notifying the insurance company. Both sides then gather evidence during a process called discovery. The case can be settled out of court or decided at trial by a judge or jury.

What Is the Burden of Proof?

To succeed when we take on insurance companies, we need evidence. You need to show the other party’s liability and negligence and prove your damages with evidence like witness testimony, medical treatment records, accident reports, and more. Our lawyers can assist you and make sure the other party is held accountable.

What Damages Can I Recover from an Insurance Company?

If you win your case against the insurer’s actions, you may be entitled to a variety of damages. Your damages may include pain and suffering, emotional distress, medical bills, lost wages, punitive damages (in certain circumstances), and more.

What Happens If You Sue an Insurance Company?

Insurance companies often opt for “removing” a case to federal court, believing it offers fairer judgment and helpful litigation rules. Cases can be transferred there swiftly using diversity rules. Once moved, the case falls under a federal judge’s jurisdiction.

If the case stays in state court, it may go to trial or settle out of court. If there is no settlement, this leads to a discovery period, involving evidence exchange and pretrial activities. After the discovery phase, the case will proceed to trial. A jury or judge will then decide the outcome.

What Is “Removal?” When Suing an Insurance Company?

Put simply, “removal” means taking a case that is pending in state court and removing it to the federal court. 28 U.S.C. § 1446 governs removal in a civil case. A common ground for removal in personal injury cases is “diversity.”

What Does It Mean When an Insurance Company States the Grounds for Removal Are Based on “Diversity?”

The law that governs removal based on diversity is 28 U.S.C. § 1332. Diversity requires that the matter in question exceeds the sum or value of $75,000. The legal action must also be between citizens of different states, a citizen of a foreign country, or a foreign country itself. It’s important to note that citizenship must be completely different on both sides.

Can I Sue the Insurance Company Myself?

When pursuing legal action, hiring an experienced personal injury attorney to represent you can level the playing field. Large insurance companies have a team of insurance attorneys on their side, so it’s in your best interests to have your own legal representation.

Can I Sue My Own Insurance Company?

Yes, you can sue your own insurance company. This usually happens when they deny a policyholder’s claim or offer a settlement amount lower than you believe you’re entitled to under your policy’s terms.

How Long Do I Have to Sue an Insurance Company?

The time limit varies from state to state and is known as the statute of limitations, and you will need to act quickly. For example, if you are considering a lawsuit against an insurance company, here’s how long you have to file:

• Illinois: 2 years from the date of the accident
• Indiana: 2 years from the date of the accident
• Iowa: 2 years from the date of the accident
• Kentucky: 1 year from the date of the accident (or 2 years if you meet a serious injury threshold after a motor vehicle accident)
• Ohio: 2 years from the date of the accident
• Michigan: 3 years from the date of the accident
• Minnesota: 6 years from the date of the accident (for most personal injury cases)
• Missouri: 5 years from the date of the accident
• Wisconsin: 3 years from the date of the accident

What Kind of Lawyer Do I Need to Sue an Insurance Company?

You would typically need a personal injury lawyer or a lawyer who is well-versed in insurance law. These lawyers have specific experience dealing with insurance companies and are familiar with the insurance industry and the unfair practices these companies may employ.

What Can an Attorney Do to Help Me?

Understanding the key steps in the legal process is crucial. An experienced attorney can provide legal help by:

• Helping you understand the terms of your insurance policy
• Conducting a thorough investigation and gathering evidence to support your claim against your insurance agent
• Negotiating with the insurance company on your behalf for a fair settlement
• Preparing and filing all legal documents in a timely manner to avoid costly mistakes
• Representing you in court if necessary

Contact Our Law Firm Today

We understand how frustrating it can be when insurance companies deny claims despite your paying premiums. If you’re struggling with an insurance company that won’t handle claims fairly, our lawyers can help.

Free Consultation

In a free case review, we’ll review your insurance coverage to identify any potential violations, identify potential legal strategies, and answer any questions you have. We operate on a contingency fee basis, meaning you don’t pay us a cent in attorney’s fees unless we win your case.