Auto Insurance Lawsuits

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Can I Sue My Car Insurance Company?

Nobody enjoys paying car insurance, but nearly every driver, with the exception of those in New Hampshire and Virginia, is required to have it. While it may usually seem like the insurance companies have all the power, there are several instances where a policyholder can file a lawsuit against their insurance company.

When Can a Policyholder Sue Their Insurance Company?

As large, powerful entities, there are a wide variety of laws that insurance companies must follow. These laws are designed to ensure that they are not abusing their power and position to take advantage of their customers. The two general legal principals that commonly arise are consumer protection and contract law.

Some common claims include:

It is worth noting that the availability of many of these claims will depend on the laws of the state where the policyholder lives. For example, in California, many bad faith claims against auto insurance companies must be initiated by the state. However, unfair competition and breach of contract claims are generally fair game.

Will the Policyholder Have to Travel to Another State to Sue?

It is highly unlikely the policyholder will be required to travel anywhere but to their local state courthouse. State courts are those of general jurisdiction that have the ability to hear nearly any case involving one of the residents of their state brought before them. Thus, if an insurance company is doing business within a state, and a dispute arises, they will almost definitely be required to travel to that state to defend themselves.

Do I Need a Lawyer?

Suing an insurance company is a serious undertaking. If you are considering filing suit against your insurance company for any of the foregoing reasons, you should contact a local consumer protection attorney immediately. A lawyer near you will be familiar with the laws of your state, can evaluate your case, and help you proceed accordingly.

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Last Modified: 09-04-2014 04:40 PM PDT

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