Yes, it is possible to sue your own insurance company after a car accident if the other driver has no insurance, or less than an adequate amount to compensation you for your injuries and damages. These benefit options are called Uninsured and Underinsured Motorists Benefits (UM/UIM). If you are hit by an uninsured driver, UM coverage will pay for your medical bills, lost wages, and other damages. If you are hit by an underinsured driver, UIM coverage will pay for damages that exceed the other driver's insurance coverage. In both cases, you must first file a claim with your own insurance company. If your insurance company denies your claim or is unable to reach a settlement with the other driver's insurance company, you may be able to file a lawsuit to recover damages.
How to sue your own insurance company
How do I file a claim against my own insurance company?
If you do need to file a claim against your own insurance company, the first step is to contact your insurer and let them know that you've been in an accident. Be sure to have all the pertinent information on hand, such as the date and time of the accident, the location, and the names and contact information for any witnesses. Once your insurance company has all of the necessary information, they will begin the process of investigating your claim to determine fault. But, it is important to understand that you can't rely the insurance adjuster or agent to inform you of all the benefits you're eligible for, even when filing a first party claim. Instead, you should contact an attorney to review the benefits of your policy with you and inform you of auto insurance coverage benefits.
What benefits can I obtain when I sue my own insurance company?
Under Texas law, you can obtain a wide range of benefits through use of your own insurance policy, including collision coverage, medical payment coverage, personal injury protection, uninsured and underinsured motorist coverage, towing and labor coverage. If you were injured in the accident, use of your own policy includes economic and non-economic reimbursem*nt. Economic damages are those that have a monetary value, such as medical expenses and lost wages. Non-economic damages are those that don't have a monetary value, such as pain and suffering or emotional distress. When bringing a claim against your own policy, it is important to work with an experienced attorney who can help you maximize your chances of success.
Do my premiums raise if I use Underinsured or Uninsured Motorist Benefits?
There is no clear answer to this question, as it depends on a number of factors. First, the type and amount of coverage offered by your insurance policy will play a role in determining whether you experience a rise in premiums. If you only have a basic liability plan, for example, then your premiums may go up significantly if you decide to use the uninsured or underinsured motorist benefits provided by your policy. However, if you have a full-coverage plan with additional perks like roadside assistance or accident forgiveness, then using your uninsured or underinsured motorist benefits may not result in a noticeable increase in premiums. Ultimately, it is best to consult with an insurance expert or your provider directly before making any decisions about using these benefits. In doing so, you can gain a better understanding of how any potential premium increases might impact your overall budget.
Attorneys that help with first party insurance claims
If you need to pursue a first party insurance claim after an accident, hiring a a lawyer is not only smart, it’s necessary. The reimbursem*nt and benefits options within you one full-coverage policy help in cases ranging from minor to serious accidents. Insurance companies often engage in bad faith tactics to evade paying proper sums of claims, but an attorney can ensure you receive all that you're entitled to. If you live in Texas and would like to consult with an attorney experienced in handling insurance claims, call at (866) 434-0014, or fill our quick and easy contact form and we'll call you immediately. And remember, all consultations are free and lawsuits are handled on a contingency bases, so you won’t owe us a dime unless we are victorious on your behalf.
