Can I Sue My Own Insurance for Not Covering an Uninsured Motorist Accident?

Yes, you can sue your own insurance company if they refuse to cover an uninsured motorist accident, but this would typically be a last resort after other dispute resolution options have failed. If you have uninsured/underinsured motorist (UM/UIM) coverage and your insurance company denies or delays your claim unreasonably, you may have grounds for a lawsuit.

Before filing a lawsuit, consider these steps:

1. Review your policy: Ensure that UM/UIM coverage is included and that the accident is covered.
2. Negotiate: Try resolving the issue with your insurer through discussions or mediation.
3. File a complaint: In some states, you can file a complaint with the state’s insurance department.
4. Seek legal advice: If negotiations fail, consult an attorney experienced in insurance disputes.

If successful, you may be able to recover compensation for the original claim and, in some cases, additional damages for bad faith.

What Are Common Reasons Insurance Companies Deny Uninsured Motorist Claims?

Insurance companies might deny your claim for various reasons. Some common reasons include:

• Lack of evidence: Your insurance company might say there isn’t enough proof that the other driver was uninsured or at fault.
• Policy exclusions: Sometimes, certain situations or accidents might not be covered under your uninsured motorist policy.
• Missed deadlines: If you didn’t file your claim within a specific time frame, the insurance company may deny your claim.

It’s important to understand why your claim was denied so you can take the next steps in fighting for your rights.

When Can You Sue Your Insurance Company for Denying a Claim?

Yes, you can sue your own insurance company, but only under certain conditions. If your insurer is acting in “bad faith” – meaning they aren’t fulfilling their obligations – you can file a lawsuit. Examples of bad faith include:

• Denying a valid claim without a reason
• Delaying payments unnecessarily
• Offering less compensation than what’s fair

If your insurance company does any of this, you may have grounds for a lawsuit. It’s essential to have a lawyer review your case and policy to make sure your claim was handled properly.

How to Appeal a Denied Uninsured Motorist Claim

Before filing a lawsuit, it makes sense to try appealing your denied claim. This can be done by:

• Reviewing your denial letter: Carefully read through the letter to understand why your claim was denied.
• Gathering additional evidence: Providing more documentation, such as witness statements or photos, can help strengthen your case.
• Filing an appeal letter: You can write to your insurance company and explain why you believe their denial was wrong, providing evidence to back up your claim.

By following these steps, you might resolve the issue without needing to go to court.

What Compensation Can You Receive from Your Uninsured Motorist Coverage?

Uninsured motorist coverage can help you recover different types of damages, including:

• Medical bills: This covers hospital visits, surgeries, and other medical expenses.
• Lost wages: If your injuries prevent you from working, the coverage can help replace lost income, though this may depend on your uninsured motorist coverage limits.
• Pain and suffering: Yes, this coverage can also pay for the physical and emotional pain caused by the accident.

How Can a Lawyer Help After an Accident with an Uninsured Driver?

Yes, getting a personal injury attorney after an accident with an uninsured driver is one of the best decisions you can make. If your insurance company is refusing to cover your claim, a lawyer can help you understand what to do next. Here’s how they can help:

• Review Your Policy: A lawyer will go through your insurance policy and help determine whether the insurance company is acting within their rights or if they’re breaking their contract. If your policy includes uninsured motorist coverage, your lawyer will ensure you’re being treated fairly.
• Collect Evidence: In any accident case, having the right evidence is crucial. Your lawyer will help collect important documents like police reports, medical bills, and witness statements to strengthen your case. It’s also important to establish whether the other driver lacked insurance, which can be a critical part of your claim.
• Handle Negotiations: Yes, negotiating with insurance companies can be tricky. Insurance companies might try to offer less than what you deserve, but your lawyer will fight for fair compensation. 
• Filing a Lawsuit: If negotiations fail and your insurance company refuses to cover the accident, your lawyer can help you file a lawsuit. They’ll handle the complicated legal steps so you can focus on recovering from the accident.

Talk to an Accident Lawyer Today

If you’ve been in an accident with an uninsured driver and your own insurance company isn’t helping, don’t face the situation alone. A skilled Atlanta uninsured car accident lawyer can help you understand your rights, guide you through the process, and ensure you get the compensation you deserve.

Remember, you only pay if we win your case. Contact us today for a free consultation or call (404) 888-4444 to discuss your case with an experienced attorney. Yes, we’re here to support you every step of the way!

Conclusion

Yes, you can sue your own insurance company if they refuse to cover an uninsured motorist accident, but it’s not an easy process. First, you need to understand why they denied your claim and ensure you have uninsured motorist coverage in your policy. 

Taking action quickly and getting the right help can increase your chances of receiving the compensation you deserve. Don’t hesitate to reach out to a lawyer to protect your rights and get the support you need after an uninsured motorist accident.