After a vehicle collision, one of the first steps is usually to file a claim with your insurance company or the insurer of the person at fault. However, the claims process is not always straightforward, and there can be complications that require you to consider legal action.

In such cases, an auto accident attorney can be an essential ally.

Building a Case

An auto accident attorney specializes in personal injury law with a focus on motor vehicle accidents. They can guide you through the legal labyrinth that often accompanies an insurance claim or lawsuit following an accident. They can also handle a variety of responsibilities for you, such as gathering evidence, communicating with the other driver's insurer, negotiating settlements, or representing you in court if necessary.

When to Sue an Insurance Company

In most cases, insurance claims are resolved without going to court. However, legal action might be necessary under certain circumstances:

• Unfair Claim Denial: If an insurance company denies a claim that should be covered under the policy, you may need to sue to enforce your contractual rights.
• Low Settlement Offers: If an insurance company offers a settlement that doesn't cover your medical expenses, lost wages, or other damages, you may have to sue to obtain a fair recovery.
• Bad Faith Practices: If an insurance company delays processing a claim, fails to conduct a proper investigation, or engages in other unscrupulous practices, it might be necessary to file a lawsuit for bad faith.
• Statute of Limitations: If the insurance company uses delay tactics and the statute of limitations is about to run out, you might need to file a lawsuit to preserve your claim.

Filing a Suit Against an Insurer

Suing an insurance company typically involves the following steps:

• Hire an Auto Accident Attorney: It's crucial to hire a lawyer who is experienced in handling cases against insurance companies. They can evaluate your case, explain your rights and options, and represent you throughout the process.
• File the Lawsuit: Your attorney will prepare a complaint outlining the facts of the case, the legal basis for your claim, and the damages you are seeking. This complaint is filed with the court and served on the insurance company.
• Discovery: Both sides can gather evidence during the discovery phase. This process often involves written questions (interrogatories), document requests, and depositions.
• Negotiations: Your attorney will try to negotiate a settlement with the insurance company. If a fair settlement cannot be reached, your case will proceed to trial.
• Trial: Your attorney will present your case to the judge or jury. If you win, the court will order the insurance company to pay the amount awarded.

Suing an insurance company can be a complex and lengthy process, which is why it's vital to have an experienced auto accident attorney by your side. It's important to remember that each case is unique, so the process can vary based on the specifics of your situation.

To learn more, contact a car accident attorney in your area.