You might have to sue if your insurance company fails to cover UM/UIM damages.

Fight Back: How to Sue Insurance Company After Car Accident ?

how to sue insurance company after car accident


In the aftermath of a car accident, individuals often face the daunting task of navigating complex insurance claims, especially when disputes arise over the insurance coverage amount, claim denials, or inadequate settlement offers. This guide, “How to Sue Insurance Company After Car Accident,” is designed to demystify the process of taking legal action against your insurer.

It provides a comprehensive roadmap for understanding your insurance policy, assessing your rights, and exploring the legal steps necessary in the event of a dispute. From the initial stages of filing a claim and gathering documentation to the intricacies of litigation and negotiation, this guide aims to equip you with the essential knowledge to confidently navigate these challenges.

Suing an insurance company is a multifaceted process, encompassing not only legal strategies but also financial and emotional considerations. This guide delves into each stage of the lawsuit journey, offering insights into the financial implications, the emotional toll, and the importance of professional legal assistance.

Understanding Your Insurance Rights and Policy

Sue if your insurance doesn't cover UM/UIM damages as it should.

Gaining a comprehensive understanding of your insurance rights and the specifics of your policy is crucial in the aftermath of a car accident. This knowledge not only empowers you to make informed decisions but also prepares you for potential legal actions, such as suing your own car insurance or company if necessary. Let’s break this down into manageable parts:

Can I Sue My Own Insurance Company?

You can sue your own insurance company in specific circumstances, such as when the other driver in an accident is uninsured or underinsured driver, and you need to rely on your Uninsured and Underinsured Motorist Benefits (UM/UIM). Reasons for suing include:

  • Uninsured or Underinsured Motorist Coverage: You may need to sue if your insurance company should cover your damages under UM/UIM but fails to do so.

  • Denied Claims: If your insurer denies your claim or doesn’t reach a settlement with the other driver, a lawsuit might be necessary. This step is taken especially when the insurer doesn’t act in good faith or follow policy rules.

  • Pain and Suffering: You might be able to sue for pain and suffering, or for damages that exceed your policy’s coverage. However, specific requirements need to be met to prove the insurance company’s liability.

To start a personal injury claim now, you should inform your insurance company about the accident and your damages. If they refuse to pay out the coverage you deserve, considering legal action is advisable. In such scenarios, consulting with a personal injury attorney is recommended to ensure fair compensation and proper navigation through the legal process.

Understanding Your Insurance Policy

  • Familiarize yourself with the key components of your policy, including coverage limits and exclusions.

  • Identifying clauses that are critical in the event of a car accident, such as collision coverage and uninsured motorist coverage.

State-Specific Insurance Laws and Regulations

  • Acknowledging that insurance laws can vary significantly from state to state.

  • Researching and understanding the specific regulations that apply to your policy and how they influence your rights after a car accident.

By thoroughly understanding your insurance policy and your rights under it, as well as the relevant state-specific laws, you’ll be better equipped to handle the aftermath of a car accident. This knowledge is vital whether you’re filing a claim, negotiating with your insurance company directly, or considering legal action against them.

How to Sue Insurance Company After Car Accident

Pre-Litigation Steps

Document  the accident scene

Taking the right pre-litigation steps is essential in building a strong foundation for your case, especially if you’re considering legal action against your insurance company. This phase is all about thorough preparation and effective communication. Here’s a guide to help you navigate these preliminary stages:

Filing a Claim Against Your Own Insurance Company

  • Initiating the Claim: Learn the specific process for filing a claim with your insurance provider. This usually involves contacting them, explaining the incident, and formally starting the claim.

  • Understanding Policy Requirements: Familiarize yourself with the terms of your policy to ensure that your claim adheres to these stipulations.

Gathering and Organizing Documentation

Collect all relevant information related to the accident. This includes:

  • police reports

  • medical records

  • photographs of the accident scene

  • repair estimates

Organize these documents systematically for easy access and reference during communications or potential legal proceedings.

Communicating with Insurance Adjusters

  • Effective Communication: Engage with insurance adjusters clearly and professionally. Be prepared to explain the details of the accident and your resulting damages.

  • Documenting Interactions: Keep a record of all communications with the insurance company, including dates, times, and a summary of the discussions.

These pre-litigation steps are crucial in ensuring that you and insurance adjuster have a well-prepared foundation for your claim. By methodically filing your claim, gathering necessary documentation, and maintaining clear communication with insurance adjusters, you’re setting the stage for a more streamlined and effective legal process, should it become necessary.

Financial and Legal Considerations

Know the costs of hiring an expert car accident lawyer and the legal process.

When considering how to sue an insurance company for faulty driving after a car accident, it’s crucial to assess both the financial and legal aspects carefully. This evaluation is essential whether you’re dealing with a driver’s insurance company or your own insurance provider after an auto accident. Here’s an in-depth look at these considerations:

Cost-Benefit Analysis of Filing a Lawsuit

  • Assessing Legal Costs: Understand the expenses associated with hiring a skilled car accident lawyer or personal injury attorney and the legal process involved.

  • Potential Financial Compensation: Weigh the likelihood of obtaining fair compensation for medical expenses, lost wages, personal injuries, and other damages against the costs of legal action.

Benefits of Suing an Insurance Company

  • Insurance Claim Settlement: Evaluate the chances of achieving a fair settlement that covers medical bills, property damage, and other expenses resulting from the car crash.

  • Policyholder Rights: Consider how winning a personal injury lawsuit could influence your future interactions with auto insurance companies, especially in cases of bad faith by the insurance provider.

Impact on Insurance Policy and Premiums

  • Post-Claim Premium Adjustments: Investigate how using underinsured or uninsured motorist benefits might affect your insurance premiums with your car insurance company.

  • Understanding Insurance Coverage: Review your own insurance policy or seek legal counsel to clarify the terms related to premium changes following an insurance claim.

In car accident cases, especially when dealing with personal injury claims or significant vehicle damage, it’s important to consult with an experienced attorney to navigate the legal system effectively. They can assist in determining liability, especially if the other driver or at-fault party in auto accident is an underinsured or uninsured driver. An experienced lawyer can also guide you in understanding Texas law or specific state laws that may impact your car accident lawsuit or personal injury case.

Remember, taking legal action against an auto insurance company or your own insurance provider requires a thorough understanding of your insurance rights, the potential for maximum compensation, and the implications for your future insurance coverage. Seeking a free consultation with a seasoned car accident attorney can provide clarity and direction in your pursuit of justice and fair compensation for car accident claim.

Legal Process and Procedures

Success in a lawsuit often comes from teamwork.

Understanding the legal process and procedures involved in suing an insurance company is vital for navigating this complex landscape effectively. This segment will guide you through the key stages of the lawsuit process, highlighting the roles of attorneys, the burden of proof, and the impact of federal regulations on how to sue insurance company after car accident claims.

How Does the Lawsuit Process Work?

The process of a lawsuit typically follows several key stages: pleadings, discovery, trial, and, in some cases, an appeal. Civil lawsuits are born from disagreements between individuals, businesses, or other organizations, including governmental bodies.

To start a lawsuit, the plaintiff issues a complaint, while the defendant responds with an answer to this complaint. During the discovery phase, both parties collect pertinent information, preparing to enter the trial as informed as possible. Following the trial, where a judge or jury delivers a verdict, either side may choose to appeal the decision to a higher court, commonly referred to as an appeals court.

The objective for each party is to amass as much relevant information before the trial begins. It’s common for many cases to be settled before they reach the trial stage, and arbitration can also serve as an alternative to a trial.

Achieving a favorable outcome in a lawsuit is often a result of collaborative efforts. Through a team-based approach, clients and their legal representatives can develop a litigation strategy that aligns best with the clients’ risk tolerance.

Discover the top reasons for suing your own car insurance company, including the three main legal claims that can be filed against an insurer.-click here to read more!

Attorneys That Help With First-Party Insurance Claims

Select an attorney with first-party insurance claims experience.
  • Selection Criteria: Choosing an attorney experienced in first-party insurance claims.

  • Role in Negotiations: How attorneys negotiate with insurance companies on your behalf.

  • Representation in Court: Advocating for your rights and presenting your case in court.

What Is the Burden of Proof?

The burden of proof is a pivotal legal principle that establishes which party must present evidence to support their claim and the degree of evidence required. In criminal trials, it is the responsibility of the prosecution to establish the defendant’s guilt beyond a reasonable doubt.

Conversely, in civil litigation, the plaintiff is tasked with proving their case based on a preponderance of the evidence, indicating that it is more probable than not that their claim is valid. The concept encompasses two key elements:

Key Elements of the Burden of Proof:

  • Burden of Production: The obligation to present initial evidence.

  • Burden of Persuasion: The responsibility to convince the judge or jury of the claim’s validity.

Central to fair legal proceedings, the burden of proof ensures that verdicts are grounded in factual evidence. Typically, the responsibility to prove a claim lies with the party initiating the action.

For instance, in a civil lawsuit, the plaintiff carries the burden of proof, needing to demonstrate the validity of their allegations and the defendant’s role in causing harm or damages. This is generally achieved by presenting evidence that more likely than not confirms the alleged harm or damages.

Federal Regulations Impacting Insurance Claims

Insurance company regulation in the United States is a shared responsibility between state governments and the federal government. All 50 states have authority over the functioning of insurance companies within their borders, while federal laws and regulations also play a role in shaping private insurance policies.

There has been a rise in regulatory activities within the insurance sector, characterized by an increased issuance of rules, bulletins, and notices by states. Failure to adhere to these regulations can lead to substantial fines and punitive damages, impacting the operations of insurance companies or providers.

The primary goal of state-level regulations is to protect consumers from fraudulent insurance practices and ensure that insurance providers have the financial stability necessary to settle claims in a timely manner.

By comprehending each of these aspects, you will be better equipped to handle the intricacies of suing an insurance company, from the initial steps of filing a lawsuit to understanding the legal requirements and federal regulations that govern the process.

Claiming Compensation and Damages

Notify your insurer about the accident and damages to begin a personal injury claim.

In the aftermath of a car accident, victims often face a complex process when seeking compensation and damages, particularly from the driver’s insurance company or their own car insurance company. Understanding what damages can be recovered and the intricacies of determining negligence are pivotal in both car accidents, accident lawsuits, and personal injury claims.

Recoverable Damages from Insurance Companies

Types of compensatory damages including:

  • medical bills

  • lost wages

  • property damage

Potential for non-economic damages like pain and suffering in personal injury lawsuits.

Determining Negligence in a Car Accident Case

  • Establishing the negligent driver’s fault and liability, often involving both the other driver’s insurance company and your own.

  • The role of a personal injury lawyer is to prove negligence and pursuing personal injury protection benefits.

Explore in-depth what to anticipate when initiating a lawsuit against an insurance company. Click here for comprehensive insights and guidance on the legal process, potential challenges, and what outcomes you can expect.

Navigating Insurance Claims and Legal Process

  • Interactions with insurance adjusters and the importance of experienced lawyers in advocating for car accident victims.

  • Handling cases involving uninsured or underinsured drivers and the complexity of claiming compensation for personal injuries caused in auto accidents.

In car accident cases, the goal is often to claim compensation not just for immediate, medical expenses and treatment, but also for long-term impacts on your health and livelihood. Whether dealing with your own insurance company directly or the negligent driver personally, understanding the legal process, and the role of bad faith in insurance claims is crucial.

Post-Litigation Considerations

After settling a car accident claim, review and adjust your insurance policy.

After the conclusion of litigation or settlement in a car accident case, there are several important factors to consider to ensure long-term stability and compliance. This segment focuses on the potential changes to your insurance policy post-settlement of a car accident attorney and the importance of long-term financial planning following the receipt of settlement funds.

Post-Settlement Insurance Policy Changes

After settling a claim related to a car accident, it’s important to review and adapt to changes in your insurance policy. Here are key areas to focus on:

  • Reviewing and understanding changes to your insurance policy after a settlement.

  • Anticipating potential premium adjustments or policy modifications by your car insurance company.

Long-Term Financial Planning After a Settlement

  • Strategies for managing and allocating settlement funds effectively.

  • Considering future medical expenses, ongoing care, and any changes in earning capacity due to car accident injuries.

These post-litigation considerations are crucial for maintaining financial stability and ensuring that your needs are met in the long term. Understanding how a settlement can impact your insurance policy and taking proactive steps in financial planning are key to making the most of the settlement and safeguarding your future.

Suing an insurance company post-car accident is a complex journey.


Navigating the process of suing an insurance company after a car accident is a journey fraught with complexities and nuances. It requires not only a deep understanding of legal procedures and insurance policies but also the resilience to face the challenges that arise during such stressful times. Each step, from filing the initial claim to handling severe injuries or wrongful death claims and dealing with auto insurance companies and policy limits, demands meticulous attention and expert handling.

At The Law Offices of Jared Spingarn, P.A., or Hire Jared as we’re known, we are committed to guiding you through this intricate process. Our expertise in auto accident cases and insurance claims means that we are uniquely equipped to provide the support and legal acumen needed for these challenging situations.

Whether it’s gathering critical evidence, navigating the lawsuit process, or negotiating for fair compensation, our team is dedicated to advocating for your rights and interests. Remember, when facing the daunting task of suing an insurance company after a car accident, you don’t have to go it alone.

Contact Hire Jared today, and let us take the burden off your shoulders, turning a challenging situation sue the insurance company into a manageable one with professional, compassionate, and effective legal representation.

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