what lawyer do i need if an insurance company is suing me for car accident

Full Answer

Do I need an attorney for a car accident claim?

If you have auto insurance, or if the car you were driving was insured, your auto insurance (or the car's) will hire an attorney to defend you. If you have no auto insurance, you should hire an insurance defense attorney.

How to file a lawsuit against a car insurance company?

Make several copies of the suit papers, deliver one to your agent (make him/her sign for it), send another to the claims department of the insurance company via certified mail. They will hire a lawyer to defend you. Co-operate with the insurance company to the fullest extent.

Can I sue an insurance company without an attorney?

Without an experienced attorney you can expect the process of suing an insurance company to be long and difficult. 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.

Can I be sued for my part in an auto accident?

Just because someone has threatened to sue you for your part in an auto accident doesn’t mean they can actually do it, so don’t panic yet. If you live in one of these no-fault states, you likely can’t be sued for an accident even if you caused it:

What happens if another driver sues you?

When another driver sues you after a car accident, your car insurance company usually has a "duty to defend" you. When you're being accused of causing a car accident, and someone else has filed a personal injury lawsuit against you, your car insurance company will usually hire a lawyer to defend your case in court. Read on for the details.

When does an insurer have to provide a lawyer?

A third important exception to the insurer's duty to provide a lawyer may apply when damages paid out by the insurer meet the policy's coverage limits. In general, once the insurer has paid the policy limits, it has no further duty toward the insured—no duty to pay any further money to resolve claims, and no duty to continue to provide ...

What happens if an insured fails to give notice of an accident?

If the insured policyholder fails to give the insurer notice of the accident, at least within the time limits specified in the insurance policy, the duty to defend might be voided.

What is intentional act in insurance?

Intentional Act Causing a Car Accident. If the policyholder is accused of having acted intentionally to cause the car accident, that could also void coverage (and therefore nullify the duty to defend). Automobile insurance policies generally provide insurance coverage only for negligent actions, not intentional actions.

What happens if you are injured in a car accident?

Generally, if you were seriously injured and in the hospital, or were otherwise physically and/or mentally incapable of notifying the insurer of the accident, that will qualify as an extenuating circumstance excusing your failure to give proper notice. Don't chance it. If you get into a car accident and you're capable of notifying the insurer, ...

What happens if you don't give your insurance notice of an accident?

If you fail to give your insurer notice of the accident within that time period, and you don't have a good excuse for not contacting an agent, the company may have the right to refuse to provide coverage for the accident. And, by extension, they may refuse to provide you with a lawyer if you get sued over the crash.

Does auto insurance cover intentional actions?

Automobile insurance policies generally provide insurance coverage only for negligent actions, not intentional actions. So, if, for whatever reason, the insured is accused of intentionally causing the car accident, there is a very real chance that the insurer will refuse to provide coverage for the accident and will refuse to provide a lawyer ...

What to do if your car insurance company denies your claim?

If you believe your insurance company has handled your claim unfairly, contact a car insurance dispute attorney to review your case.

What happens if a car accident is denied?

When a car accident occurs and a claim is denied, it can place a serious financial burden on the policyholder. For these individuals, it is important to understand that the coverage available under their policies and to obtain the assistance of an attorney who can help dispute the insurance company’s actions.

What is collision insurance?

Collision: covering damage to your car from an accident with another car. Comprehensive: covering losses due to flood, fire, or theft. Uninsured Motorist Coverage: applicable when you are hit by an uninsured or hit-and-run driver.

What is medical insurance?

Medical Payments/Personal Injury Protection: applicable to treatment of injuries of the driver and passenger in your own vehicle. Property Damage Liability: covering damage inflicted on another’s property. Collision: covering damage to your car from an accident with another car.

Why do you report an accident to your insurance company?

Another big reason to report the accident to your insurance company is so that you can reap the benefits of the services they can provide you in the event you are sued.

Why is it important to contact your insurance provider immediately?

It is vital that you contact your insurance provider immediately and bring them up to speed because they will play a major role in your case. You should have already reported the accident to your insurance company and given them a detailed report of what happened.

Can an auto accident lawsuit be settled out of court?

More often than not, an auto accident lawsuit settles out of court as there are benefits to both parties. You or your insurance company can make an offer to the other party to avoid going to trial. You can offer up a sum of money that is within your policy limits to avoid any risk of having to pay out of pocket.

Sam Louis Levine

If you were at fault for causing the accident and you do not have insurance, the other party should file an Uninsured Motorist claim with their own insurance company. Assuming that the victim has insurance, they hopefully should be able to resolve the matter without litigation.

James Charles Haigh

I concur that your best option at this point is to explain your situation to the insurance company and try to work out a reasonable settlement.

Michael G Wright

I would add that I have seen insurance companies settle your type of claim for a small percentage of the total because some is better than none. You may wish to offer them what you think you can afford and see what happens.

Joseph A Blaszkow

At a minimum, you ought to consult with an experienced trial attorney, even if you don't hire them to defend you. The claim that is being pursued against you is a subrogation claim, meaning that the insurance company is coming after you to be reimbursed for what they paid to their insured, presumably under his uninsured motorist coverage.

What to do if your insurance company does not provide legal counsel?

If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.

What to do if you have auto insurance?

If you have auto insurance put them on notice and they will hire an attorney to defend you. If not you need a lawyer that practices in the area of civil defense.

What to do if you don't have insurance on your car?

If you did not have insurance then you need to hire an attorney that handles civil matters to determine what is the best approach to take. Report Abuse.

What happens if you don't have insurance?

If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.

What to do if you don't have an attorney?

If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.

What to do if you have not been served with suit papers?

If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.

How to fight for your rights after an accident?

Negotiating with the Insurance Company. Before you "sue" anyone, it is wise to try to settle the case outside of court. If you hire a professional and experienced personal injury lawyer to help fight for your rights after an accident, they can typically handle all of the negotiations with the insurance company of the at-fault driver and get you ...

What if a driver does not have insurance?

What If the Driver Does Not Have Car Insurance? In an instance where the driver you intend to sue does not have auto insurance, things can get a little trickier. Not only is it illegal to drive uninsured, but now the driver does not have a way to pay out the money they owe you.

What is the first thing you need to do in a car accident?

First and foremost, it is essential to, without a doubt, determine and prove fault in the car accident. You need to document everything. This means pictures, witness statements, and most importantly, a police report. This evidence is essential to proving your innocence so the at-fault driver and their insurance company can not argue who is ...

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 you collect on your winnings if you have car insurance?

So while you can file a suit against them and even win, there is no guarantee that you will be able to ever collect on your winnings. Thankfully, that is why you have car insurance. Typically, your insurance company will become responsible for paying your medical bills via your policy's uninsured motorist clause.

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.

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.

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;

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.

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.

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, ...

What happens when an insurance company does not indemnify the insured?

Thus, lawsuits often arise when an insurance company does not indemnify, or protect, the insured from a covered act under the policy or when an insurance company otherwise does not fulfill their end of the contract, such as by wrongfully denying an insurance claim.

What is a contractual relationship between an insured and an insurer?

Therefore, a legal contractual relationship exists between an insured, the person who agrees to pay a premium for coverage, and an insurer, the company/group which agrees to protect the insured if a covered event occurs. Thus, lawsuits often arise when an insurance company does not indemnify, or protect, the insured from a covered act under ...

What happens if an insurance company doesn't pay on time?

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.

What do plaintiffs want in a car accident?

Plaintiffs Want Payment Quickly. The plaintiff in a car accident suit wants to get their payment as quickly as possible. After all, money now is worth more than money later. Additionally, plaintiffs probably have expenses. These include medical bills and lost wages.

What happens if you give evidence to your insurance company?

They will give your insurance company all the evidence they have that their client sustained an injury and that your negligence and recklessness caused it. From there, your insurance company and the plaintiff’s attorneys will begin negotiations. If your insurance company believes the evidence is compelling, they will probably want to settle early.

Why is it better to settle a case or settle?

It is always better to settle because when an insurance company agrees to an amount, they will pay it out quickly. If you receive a judgment in court, there is no guarantee of collection.

Why do insurance companies settle early?

If your insurance company believes the evidence is compelling, they will probably want to settle early. This is because if your case goes to trial, a judge will probably award a massive verdict to the plaintiff. If the evidence is weak or uncertain, your insurance company might return with a lower number.

What is the goal of insurance companies?

An insurance company’s entire goal is to close a claim quickly. For this reason, your insurance company will push hard for a settlement. If you are the plaintiff in a case, a settlement is probably in your best interest. But make sure you consult your attorney before you accept any settlement offer.

Can you settle a car accident case?

Your insurance company and the plaintiff’s attorneys will present their evidence. Once the judge makes a decision, you can’t negotiate it or belatedly accept an earlier offer. So when you’re being sued in a car accident, settling is usually better all around.

Can an insurance company avoid a trial?

This applies most to an insurance company, but the plaintiff’s attorney will probably want to avoid a trial as well . Anything can happen in a trial. To avoid an unexpected result and to reduce their own risks, both plaintiffs and defendants will look to settle a lawsuit.