Dealing with insurance companies can often be frustrating, especially when it comes to claiming compensation for injuries or damages caused by accidents. But, what if you find yourself stuck in a sticky situation where the insurance company is uncooperative and not paying out what you rightfully deserve? In such a case, suing the insurance company might be your best bet.
Suing an insurance company may seem daunting, but with the right approach, you can get what you deserve. Here is a guide to help you navigate the process:
1. Understand the reasons for suing – There are two reasons why one may sue an insurer; breach of contract and “bad faith.” In case of breach of contract, the insurer fails to pay out the entitled sum under the policy. In case of bad faith, the insurer either delays the payout or denies it altogether without a concrete reason.
2. Gather evidence – Collect all the relevant documents, emails, and written correspondence between you and the insurer to support your case. This includes the policy agreement, claims, bills, and any other legal documents that will help you prove your case. If possible, take photographs of the accident scene and the damages.
3. Hire a competent lawyer – It is crucial to have a seasoned lawyer who is knowledgeable and experienced in handling insurance cases. A good lawyer can help you navigate the legal system and provide you with the right advice on how to proceed.
4. File a complaint – Your attorney will need to draft a legal complaint and submit it to your local courts. This will initiate the suing process. It is advisable to serve the complaint to the insurance company through an attorney. The insurer has a few weeks to respond to the complaint.
5. Go through the discovery process – Soon after the complaint has been served, both the parties go through the discovery phase. Here, the insurance company will be asked to produce documents and answer questions related to your case. Your attorney can use this information to strengthen your case.
6. Attend mediation and trial – Mediation is a mandatory session before a case goes to trial. During mediation, both parties try to settle the claim out of court with the help of a neutral mediator. If an agreement is not reached, the case will proceed to trial.
7. Collect your compensation – If you win the case, the court will order the insurance company to pay out the amount you were claiming. The payout must happen within a specified timeframe.
Suing an insurance company is not the easiest process, but it is essential if you believe you have been wronged. Be sure to keep all the relevant documents and hire a competent lawyer to represent you. Through the legal process, you can get the compensation you are entitled to and put the matter to rest.