if you wish to sue a large auto maker and a insurance company what kind of attorney would you need

by Phyllis Schimmel Published 3 years ago Updated 2 years ago 7 min read

A Chattanooga car accident attorney understands how the big insurance companies think and will negotiate for the maximum settlement possible. Sometimes the insurance company’s actions are more than just unfair, however. If your insurance company violated the terms of your contract, you may be able to sue for damages.

Full Answer

Should I file a lawsuit against my auto insurance company?

Once you file a lawsuit, your insurance company must assign its own attorney to the case. “There will be a period of silence while they pick a lawyer and review the file,” Bach says. Your insurance agent will cease to be a helpful guide through the claims process, says Douglas Heller, executive director of the Consumer Watchdog organization.

Do I need a lawyer for an auto insurance claim?

If you are seriously considering a lawsuit against your own insurance company, understand that the company will have legal representation, which means you should, too. A lawyer can examine your claim and offer an objective opinion. If you threaten to sue, be sure to have an attorney prior to doing so. Do your research before hiring an attorney. Look for someone with experience …

Can I sue an insurance company without an attorney?

Mar 15, 2021 · Hiring A Lawyer To Sue An Auto Insurance Company. $42 Million Dollar Jury Verdict: #2 Verdict in the State of Florida in 2016 (Motor Vehicle Case) If you have been involved in a car accident that was caused by another driver’s negligence you may be concerned about their insurance policy covering property damage and injuries.

Can I sue the other driver's insurance company?

Jun 29, 2021 · A Chattanooga car accident attorney understands how the big insurance companies think and will negotiate for the maximum settlement possible. Sometimes the insurance company’s actions are more than just unfair, however. If your insurance company violated the terms of your contract, you may be able to sue for damages.

What does it mean to sue an insurance company?

You can sue your insurance company if they violate or fail the terms of the insurance policy. Common violations include not paying claims in a timely fashion, not paying properly filed claims, or making bad faith claims.Feb 16, 2022

What to do if an insurance company will not pay a claim?

What To Do When a Car Insurance Company Refuses To Pay

Ask For an Explanation. Several car insurance companies are quick to support their own policyholder. ...
Threaten Their Profits. Most insurance companies will do anything to increase their profits. ...
Use Your Policy. ...
Small Claims Court & Mediation. ...
File a Lawsuit.

Jun 20, 2018

How do I file a lawsuit in Michigan?

File your claim with the district court clerk. You can file your case where the dispute took place or where the Defendant lives or works. This means that out-of-state individuals or businesses can file a small claims case in Michigan.

How do I sue a company for a product?

First, it must be proven that you used the product in the way that it was designed to be used and not for any other purpose. Second, it must be proven that the product was defective. Third, you must prove that you were injured. And lastly, it must be proven that the defect in the product caused your injuries.Feb 13, 2020

Why do insurance companies refuse to pay claims?

Insurance claims are often denied if there is a dispute as to fault or liability. Companies will only agree to pay you if there's clear evidence to show that their policyholder is to blame for your injuries. If there is any indication that their policyholder isn't responsible the insurer will deny your claim.

Do insurance companies try to get out of paying?

Insurance companies will seek to decrease or eliminate payments for injuries caused by an insured person's actions. After becoming injured, victims of accidents want nothing more than to move on from the traumatizing experience.

What is a civil lawsuit in Michigan?

CIVIL CASES IN CIRCUIT COURT

Generally, a civil case is filed because of a disagreement between two people, businesses or organizations. The disagreement usually involves one person believing that he or she has been hurt or had rights violated or property damaged by another person. A civil case is not a criminal case.

What is the small claims court limit in Michigan?

$6,500.00

You can sue only for money damages in Small Claims court, up to $6,500.00. You may have a valid claim for more than $6,500.00, but a judgment in Small Claims court cannot exceed $6,500.00. You may also file a Small Claim for up to $1,000.00 due to an automobile accident under the Michigan No Fault law.

What is the statute of limitations in Michigan?

In Michigan, the statute of limitations for most misdemeanors is six years, and 10 years for most felonies. Violent crimes like murder and terrorist activities have no statute of limitations. This means that there is no time limit for the government to charge someone with these crimes.Jun 4, 2021

Can you sue a manufacturer?

You may also be able to sue the manufacturer based on a breach of warranty. This is the company's failure to fulfill a promise or guarantee it made to consumers about the safety of a product. Keep in mind that the manufacturer may not be the only party you can hold responsible for your accident or injury.Sep 21, 2020

How long do you have to sue a company?

Except for when you sue a government agency, you almost always have at least one year from the date of harm to file a lawsuit, no matter what type of claim you have or which state you live in. In short, you should have no statute of limitations worries if you sue within this one-year period.

Who can be held liable in a product liability case?

Apart from the manufacturer, the designer, the wholesaler, the retailer, and the other parties in the chain of distribution can be held liable for a product liability claim. You must, however, prove that all supplementary parties were responsible for your injuries, and how they contributed to them.

What Are The Steps After My Insurance Company Denied My Claim?

There are many strategies your insurance company will use to deny your claim because they do not want to give you a payout. The insurance company m...

What If My Appeal was Turned Down?

Remember to ensure your policy actually does cover the damage you are dealing with, as many people wrongfully assume that they are covered when the...

When Can I Sue My Insurance Company?

There are many reasons insurers will sue their insurance company. Understanding the reasons you can sue your coverage company, and the process for...

Is it easy to file a claim?

Dealing with a claim is rarely easy. It will take time and patience to resolve complex issues. If you find that you are not given what seems to be fair compensation, or your claim is denied completely, there are some things to consider before deciding on going to court.

How long does it take to settle a lawsuit?

Things like travel expenses, filing fees, and court costs may be your responsibility. The lawsuit can take years to resolve . You should not plan on a quick payout. Instead, you will need to find ways to live without the insurance money.

What to expect after filing a claim?

What to Expect After You File 1 You may be required to give a deposition for the insurance company’s lawyer as part of discovery.#N#Discovery allows both sides to investigate the case.#N#You and your lawyer will get a chance to see at all the documentation from the insurance company. 2 You will incur costs along the way (which may be significant), so plan a budget.#N#Things like travel expenses, filing fees, and court costs may be your responsibility. 3 The lawsuit can take years to resolve .#N#You should not plan on a quick payout. Instead, you will need to find ways to live without the insurance money. 4 Weigh settlement offers carefully.#N#Most lawsuits never see a courtroom; a settlement may be the best chance of a resolution.#N#Your lawyer will advise you on whether the amount offered is fair.

What are some examples of bad faith?

Examples of bad faith include : 1 Denying your claim without reason or proper investigation. 2 Failing to communicate important information regarding the claim. 3 Putting off payment of the claim for unreasonable periods of time. 4 Paying far less than what is reasonably owed. 5 Failing to negotiate a claim.

What is bad faith in insurance?

If the company tries to avoid paying out on a claim, it is acting in “bad faith.”. Examples of bad faith include : Denying your claim without reason or proper investigation. Failing to communicate important information regarding the claim. Putting off payment of the claim for unreasonable periods of time.

What is the purpose of discovery?

Discovery allows both sides to investigate the case. You and your lawyer will get a chance to see at all the documentation from the insurance company. You will incur costs along the way (which may be significant), so plan a budget. Things like travel expenses, filing fees, and court costs may be your responsibility.

What is a personal injury claim?

Personal injury claims typically cover lost wages, medical bills, ongoing medical care, and medical negligence. Property damage claims: This type of claim is also commonly filed after a car accident and provides coverage for any damage to property as a result of the car accident.

What is property damage?

Property damage claims: This type of claim is also commonly filed after a car accident and provides coverage for any damage to property as a result of the car accident. Property damage claims may cover vehicle repairs, vehicle replacements, car rental costs, and the replacement of valuable items that were damaged in the collision.

Do I Need a Lawyer to Sue the Insurance Company?

An insurance policy is a legal contract between an insurance company and its policyholder. This contract contains specific terms for both parties. If you believe that your insurer is in violation of the terms within your policy, such as failure to pay valid claims, you have a right to sue for damages.

Suing Your Own Car Insurance Company After a Car Wreck

Motor vehicle accidents are a leading cause of accidental injury and death in Tennessee, and nationwide. We carry auto insurance so that, in the event of an accident, we will be covered for any damages incurred. But that doesn’t mean that insurance companies are happy to write a big check every time one of their policyholders files a claim.

The Settlement Process

If you have been injured due to the negligent, reckless, or careless actions of another, you may be able to obtain compensation for damages suffered. In many cases, your attorney can help you obtain a pre-trial settlement from the at-fault party’s insurance company. The settlement process typically involves the following steps:

Suing The At-Fault Driver After a Car Accident

Auto insurance is designed to cover damages in an auto accident, and the at-fault driver’s insurance company will likely offer you a settlement in exchange for you not suing their policyholder.

Contact Dennis and King Today

If you have been injured in any type of motor vehicle accident, the skilled legal team at Dennis and King can help. We will review your case to determine the best legal strategy and ensure that you fully understand your rights and options before moving forward. If necessary, we will assist you to sue the insurance company.

How to file a lawsuit against an insurance company?

After you decide to file a lawsuit against your insurance company, you should perform the following steps: Send a written letter to your insurance company requesting them to send in writing their denial of your claim and a detailed reasons as to why your claim was denied, as well as demanding they payout your claim;

How to sue an insurance company?

After you decide to file a lawsuit against your insurance company, you should perform the following steps: 1 Request that your insurance company provide you with a full copy of your insurance policy, if you do not already possess it; 2 Send a written letter to your insurance company requesting them to send in writing their denial of your claim and a detailed reasons as to why your claim was denied, as well as demanding they payout your claim; 3 Allow your insurance company a reasonable time to respond to your demand for payment, as they may offer a fair settlement; 4 File for an administrative hearing regarding your insurance claim denial with your insurer. This is an important step as your insurance policy may contain a section regarding you “exhaust all available remedies” before filing a civil lawsuit, and your failure to do so may result in your lawsuit being dismissed; and 5 If all administrative and out of court options fail, you should then file a civil lawsuit against your insurance company seeking they pay out your claim.

Why do insurance companies sue?

The following is a list of several legal theories and reasons of why an insured may sue their insurance company: 1 Failure to Pay On Time: As mentioned above, insurance companies have a duty to act in good faith. Therefore, if an insurance company does not make reasonable efforts to timely pay our a properly filed claim, then the insured may be able to make a bad faith claim. Another bad faith may occur when an insurance company offers an unreasonably low amount of money to settle a claim. 2 Failure to Represent: Another common reason why an insured may sue their insurance company is if their insurance company refuses to defend them in a lawsuit against them, as provided under the insurance policy. Further, if the insurance company accepts an unreasonably low settlement for the insured’s claim while representing them, the insured may also have a bad faith claim against the company. 3 Breach of Contract: The most common legal theory that insurance companies are sued upon is a breach of contract theory. An insured may sue their insurance company if the company fails to follow the terms of the insurance policy.

How to notify insurance company of a claim?

Although it may seem obvious, you should first notify your insurance company of your claim by filing an insurance claim with the company, as it is your duty as the insured to let the insurance company know that a covered incident has occurred. You may notify your insurance company by either a phone call, an online claim form, ...

Can insurance companies delay paying claims?

The insurance company will want to delay paying your claim, especially if they have grounds for denying the claim. However, insurance companies are required by law to timely pay out a properly filed insurance claim. Thus, it is important to first properly submit, in writing, your claim to the insurance company, before filing suit.

What happens when an insurance company breaches its duty of good faith?

When an insurance company breaches their duty of good faith and fair dealing, such as by wrongfully denying a properly filed and covered claim, then the insured may recover not only their actual claim damages, but punitive damages as well.

Can an insurance company be sued for bad faith?

Further, if the insurance company accepts an unreasonably low settlement for the insured’s claim while representing them, the insured may also have a bad faith claim against the company. Breach of Contract: The most common legal theory that insurance companies are sued upon is a breach of contract theory. An insured may sue their insurance company ...

Can you sue an insurance company for bad faith?

In situations where your insurance company is not being honest, legally fair with you, or it’s failed to fulfill its contractual duties, there is the possibility that you will need to know how to sue an insurance company for bad faith. Bad faith law exists in the US because there must be a balance between the interests of an insurance company ...

Why does my insurance company deny my claim?

There are legal and legitimate reasons that an insurance company might deny your claim. These include damages that exceed or go beyond the scope of your policy. However, if your insurance company is denying your claim without clearly communicating the proper cause, that should be a big red flag for you.

What does it mean when you buy insurance?

The policy is a legal agreement between you and the insurance company that requires the company to act in good faith by investigating claims and paying you what you’re due.

Can insurance companies act in good faith?

However, the gut-wrenching truth is that not all insurance companies act in good faith. Not all of them recognize their promise and legal responsibility to every client. Sometimes, they attempt to pull a fast one to help keep their profits up, rather than protect you. That’s when you need to know how to sue an insurance company for bad faith.

What happens if your insurance company stops communicating?

If your insurance company stops communicating well once you’ve submitted a claim, there is no guarantee they are acting in bad faith. However, there is a reason to be suspect. Common breakdowns in communication can include the company failing to acknowledge that it has received documents and evidence concerning your claim.

What is bad faith insurance?

What is Bad Faith? If you’ve read your insurance policy, you should have clear expectations about what your insurance company will do for you and what the policy will cover. In situations where your insurance company is not being honest, legally fair with you, or it’s failed to fulfill its contractual duties, there is the possibility ...

What is a good faith insurance policy?

The policy is a legal agreement between you and the insurance company that requires the company to act in good faith by investigating claims and paying you what you’re due. However, the gut-wrenching truth is that not all insurance companies act in good faith.

Can you sue the insurance company for a car accident?

Often in a car accident, you need to sue the other driver. You cannot sue the defendants’ insurance company directly. Instead, the insurance company indemnifies the defendant for some or all damages per their insurance policy guidelines. The challenge is that often the insurance company looks to find trivial or untrue reasons to deny a claim.

Can you sue an insurance company?

You cannot sue the defendants’ insurance company directly. Instead, the insurance company indemnifies the defendant for some or all damages per their insurance policy guidelines. The challenge is that often the insurance company looks to find trivial or untrue reasons to deny a claim.

Who is Gordon Levinson?

Gordon Levinson is a former insurance defense / personal injury litigator who represented some of the largest insurance companies in North America. Prior to founding the Levinson Law Group, he served as an associate in numerous law firms from 1996 to 2003 before working as a partner in a personal injury firm from 2004 to 2007. Click here to read Gordon's full professional bio.

Can you sue your car insurance company?

Many states will not allow individuals to sue the car insurance company directly, which means victims sue the driver who caused the crash and their insurance coverage helps them pay for the damages they caused. So in a way, you are suing them both, the driver is at fault, but their insurance company is the one paying out the settlement.

Can you settle an auto accident case outside of court?

In conclusion, you should try to settle your auto accident injury case outside of court with negotiations, but if necessary, it is most common to file a lawsuit against the individual that caused the accident, and their insurance company will typically be responsible for paying the amount decided on by a judge or jury.

Can texting cause car accidents?

Many car accidents are caused by texting in the US. Remember that this is a guide, but to get specific information about your car accident and your individual needs, you will need to schedule a free consultation with an expert car accident attorney.

Factors of Bad Faith

Good faith is a broad concept that basically means acting with the sincere belief that you are not causing any malice or harm to the other party.

Negotiating

In order to negotiate effectively, you need to try to be objective. Review your case, your claim, and your desired award the way the insurance company would.

Mediation

Most cases against insurers are settled in mediation. During a mediation, an unbiased third party will hear both sides of the case and work with the two parties to reach a settlement that is fair for both.

State Department of Insurance

There is a possible way you can get justice without adjudication. You can file a complaint against your insurer with your state’s department of insurance.

Going to Court

When going up against your auto insurer, you must make sure that you have a strong case.

Things to Consider

Suing your car insurance company should only be considered as a last resort. They take legal threats very seriously and will lawyer up as soon as you start talking about going to court.