Have you been involved in a car accident? Dealing with the aftermath can be overwhelming, especially when the insurance company will not cooperate.
If you’ve filed a claim only to have it delayed, denied, or undervalued, you may be considering your legal options. In such cases, learning how to sue insurance company after car accident is the next best step to ensure you receive the compensation you deserve.
Some in such situations search for how to sue a car insurance company without a lawyer, thinking it might be a straightforward process. However, this often leads to subpar results, as handling the complexities of insurance law and securing fair compensation requires professional guidance.
In this article, we’ll outline the process of suing an insurance company and why hiring an attorney for accident claim is an important step in getting fair compensation.
Why You Might Need to Sue Your Insurance Company
Insurance companies are often slow to process claims or may offer settlements that fall far below what you’re entitled to. When this happens, you might find yourself in a situation where the only viable option is to sue.
While most people hope for a quick and fair resolution, insurance companies frequently prioritize their bottom line, which means you may need to take legal action to get fair compensation.
Here are some common reasons why you might need to sue your insurance company:
- Claim Denial: Even with a legitimate case and sufficient evidence, an insurance company may deny your claim.
- Low Settlement Offers: Insurance companies may offer an initial settlement that’s much lower than what you need to cover the full extent of your damages, including medical bills, vehicle repairs, or lost wages.
- Delayed Payments: If your insurance company delays payment, you may struggle to pay for vehicle repairs, medical treatments, or other necessary expenses, further compounding your financial strain.
- Disputes over Liability: When the insurance company disputes who is at fault, even when evidence clearly supports your case, you may be forced to take legal action.
Regardless of the reason, suing an insurance company is a serious decision that requires careful consideration. It’s important to remember that the insurance company is primarily focused on its own interests and may not have yours at heart.
They may try to use their resources, experience, and legal knowledge to avoid paying what they owe. This is why having a Pasco County, FL car accident lawyer by your side is so important.
Steps to Sue an Insurance Company After a Car Accident
Here are the steps to follow when suing an insurance company after an auto accident.
Step One: Attempt to Resolve the Claim Through Negotiation
Before resorting to a lawsuit, it is typically in your best interest to attempt to resolve the dispute with your insurance company through negotiation. This is the first step in addressing any issues related to your claim, as lawsuits are expensive, time-consuming, and often contentious.
Your lawyer can negotiate on your behalf to secure a fair settlement by providing them with a compelling case that details the extent of your damages and supporting evidence.
If you are unsure how to handle this stage or feel that the insurance company isn’t taking you seriously, consult with an attorney for accident claims near you can help. They can assist in crafting a strong argument and presenting your case properly.
Step Two: Understand the Legal Process
If negotiations don’t work, the next step is to file a lawsuit against the insurance company. The first part of this process involves gathering the necessary documents and evidence to support your claim.
You’ll need a detailed account of the accident, medical records, repair bills, and any other supporting evidence that shows your losses. A lawyer can help you organize and present this information in a way that strengthens your case.
In addition to this, a lawyer will understand the statutes of limitations in your state, which can vary. You don’t want to miss your window to file a lawsuit due to a technicality. An experienced attorney will adhere to all deadlines and requirements during the litigation process.
Step Three: Filing the Lawsuit
Once your case is ready, your lawyer will file a complaint in court, initiating the lawsuit. The insurance company will then have a certain period to respond.
In this phase, both sides will exchange information during what is known as the discovery process. Your lawyer will handle all of this communication.
The discovery phase can include depositions, where witnesses or involved parties give testimony under oath. This information is used to build both sides’ cases.
Your lawyer will be responsible for preparing you for these depositions and cross-examining the other party’s witnesses, making sure they are held accountable for any inconsistencies in their statements.
Step Four: Pretrial Settlement Negotiations
Before the case goes to trial, there is often a final round of car accident settlement negotiations. Your lawyer will work with the insurance company’s legal team to attempt to settle the matter without going to court. This can be a high-stakes negotiation, as both sides try to avoid the time, cost, and uncertainty of a trial.
While some cases settle during this stage, others continue to trial if a fair settlement cannot be reached. Your lawyer’s ability to handle these negotiations and advocate for your best interests can significantly impact the outcome of your case.
Step Five: The Trial
If a settlement is not reached, the case will proceed to trial. Your lawyer will prepare your case, present evidence, cross-examine witnesses, and argue your case to the court.
The trial can last from a few days to several weeks, depending on the complexity of the case. Once the trial is completed, the judge or jury will make a ruling, and if you win, you will be awarded damages.
The Importance of Hiring a Lawyer
When considering how to sue an insurance company after car accident, it’s clear that the process is often more complex than many people realize. While it might be tempting to handle it on your own, this can be a risky proposition.
Insurance companies have legal teams that specialize in defending against claims, and without a lawyer, you may struggle to present a case that competes with their resources.
A professional advocate will handle your case correctly from start to finish. An experienced attorney understands the ins and outs of insurance law, how to navigate complex claims, and how to negotiate for the best possible outcome.
What to Expect When Working with a Lawyer
At The Law Offices of Matthew J. Jowanna, P.A., we have extensive experience helping clients deal with insurance disputes and lawsuits.
We know the ins and outs of the legal process and are prepared to offer the guidance and support you need. Through every step of this process, we will work tirelessly to ensure that you receive the rightful compensation.
Our Pasco County, FL car accident lawyer has a remarkable track record in fighting for the rights of those who have been wronged by insurance companies. Whether you’re dealing with a delayed claim or an insurer who is attempting to undervalue your case, we are ready to help you hold them accountable.
Don’t Let an Insurance Company Take Advantage of You
If you’re facing issues with your car accident insurance claim and are unsure of how to proceed, it’s important to understand your rights and options. Suing an insurance company is a serious matter and should not be taken lightly. With the right legal representation, you can make sure that your case is handled properly and that you are compensated for your losses.
Have you been wronged by your insurance company? Don’t handle the complexities of insurance law alone; our team is here to help. Contact us today to schedule a free consultation. Let our experienced team of lawyers guide you through the process of suing your insurance company and help you get justice.