If you have been involved in a car accident and your insurance claim has been rejected or underpaid, you have the legal right to sue the other driver’s insurance company. Although suing someone’s car insurance can be a complicated process, following the proper steps can help make it a successful one.
1. Consult a Lawyer: Before doing anything else, it is essential to consult a car accident lawyer. You must understand the legal intricacies and what you are entitled to fully. Your lawyer will also advise you about the strengths and weaknesses of your case, and the best course of action to pursue.
2. Gather Evidence: Insurance companies deny claims or underpay them based on a lack of evidence. Ensure you collect all evidence related to the accident, such as the police report, witness accounts, photographs, and medical bills, to establish the undeniable fact that the other driver was at fault.
3. File a Demand Letter: Once you have gathered all the evidence, you need to prepare and send a demand letter to the insurance company. The letter should include a detailed account of the accident, the damages incurred, your medical bills and other costs related to the accident. You must also include your contact information and your lawyer’s information.
4. Contact Insurance Company’s Representative: The insurance company will respond to your demand letter by sending a representative to contact you, often with a settlement offer. It is crucial only to communicate with your lawyer and not engage in any communication without your lawyer’s presence.
5. File a Lawsuit: If the insurance company refuses to pay, you can now file a lawsuit against the insurance company. Your lawyer will file the suit in court, and the insurance company will have thirty days to respond.
6. Attend Court Hearings: The court will schedule a hearing to make a determination on your suit. Depending on your case’s complexity, there may be multiple hearings. Your lawyer will guide you through the process and prepare you for any questions and cross-examination during the hearing.
7. Wait for Settlement or Decision: Once the court makes a decision, the insurance company will either pay the amount awarded by the court or file an appeal. If an appeal is filed, the process will start again, and you will have to attend more hearings.
In summary, suing someone’s car insurance can be a long and complicated process. It is crucial to involve a lawyer who understands the law and can represent your case to increase your chances of success. Remember to gather all the evidence necessary and carefully consider any offer from the insurance company. Be patient, and the court will resolve the issue.