After getting into an accident and filing your claim, sometimes it is not approved. This can happen for a couple of reasons, including the other driver not having insurance or their policy not covering the extent of your medical costs.
If the insurance company says they will not cover your claim, you have the option of suing the company itself. However, many options will need to be exhausted before you get to that point. Our skilled car accident attorneys in Decatur will evaluate your case, explain your options, and work tirelessly to secure the compensation you are entitled to.
To schedule a free consultation call us at 678-251-9309 and let us help you take the right steps toward achieving a fair resolution.
The Process to Sue the Other Driver's Insurance Company
If you are interested in suing another driver's insurance company, the first thing that you will need to do is contact an attorney. They will be able to walk you through the process of filing a bodily injury claim, for punitive damages, or whatever other aspect you need coverage for.
Types of Auto Insurance Policy
- Liability Insurance Coverage
- Uninsured Motorists Coverage
- Medical Expenses Coverage
- Collision Coverage
Does the At-Fault Driver Have an Insurance Contract?
The very first thing to do when you've gotten into an accident is to check if the other driver has an insurance contract. Generally speaking, the standard insurance that most drivers carry is enough to pay for most accidents.
What if There is No Evidence of an Absent Insurance Policy?
If there is no evidence of an absent insurance policy, this could mean that the driver either does not have insurance or does not have coverage for these types of damages.
This will mean that you will need to rely on your own insurance company for compensation or you can sue the driver themselves for your medical bills and property damage.
How Does a Personal Injury Lawyer Prove the Existence of an Insurance Contract?
A personal injury attorney can prove the existence of an insurance contract in a few different ways. The first way is to send a letter to the at-fault party's insurance requesting information regarding their liability policy.
If they refuse to answer this and are being uncooperative, the auto accident lawyer can file an official request with the court to have access to the other driver's insurance information. This is a slightly lengthier process, but it can still be done in order to get compensation for the accident.
What Can I Do if the At-Fault Driver Has No Insurance?
If the guilty driver has no insurance, there are still things that you can do to make sure that you are not left dealing with your medical bills alone.
The very first thing to do is to check your own insurance policy and see if you have uninsured motorist coverage. This insurance policy is specially designed for situations in which the at-fault party does not have their own insurance. If they have their own insurance, but it does not fully cover the damages, you can check for underinsured motorist coverage in your policy. This can help to cover anything that is outside of the insurance policy limits of the opposing driver.
If you do not have uninsured or underinsured motorist coverage then you have the option of filing a lawsuit against the uninsured driver or their insurance provider. If you decide to do this, you will want to work with an experienced attorney to ensure you receive a fair settlement.
Legal Rights and Responsibilities When Suing an At-Fault Driver’s Insurance Company
If your insurance claim does not give you enough to cover damages, considering both your own insurance policy and that of the other driver, you may decide to pursue a lawsuit. However, whether you file a lawsuit against the person or the insurance company will depend on some things.
If the person has insurance, but the insurance policy limits simply do not cover the amount of damage that was done in the accident, you can sue the automobile insurance company itself. This will mean that the money you get from the personal injury lawsuit and property damage claims will come directly from the company.
If the person does not have any sort of auto accident liability insurance, then you can sue them directly for personal injury claims. Then the money will be coming directly from that person instead of from an auto insurance company.
What are My Legal Rights If I Want to Sue an At-Fault Driver’s Insurance Company?
When you are suing an auto insurance company, there are several legal rights that you maintain, one of the primary being good faith.
Legally, an auto insurance company is required to act in good faith. This means that they are doing their due diligence to accurately investigate your case and come to an agreement in a reasonable amount of time.
If they are not doing this, you can file a bad-faith insurance lawsuit. With a lawyer, you will prepare evidence demonstrating bad-faith treatment from the company and take them to court.
What are My Responsibilities in Filing a Lawsuit Against the At-Fault Driver’s Insurer?
When you are filing a lawsuit against the other driver's insurance, your responsibility is to make sure that you have accumulated sufficient evidence against them with the help of an auto accident attorney.
This will ensure that the insurance attorney can build a strong case against the insurance company.
Call Marks Law Group Today for a Free Consultation
Understanding your rights and the legal intricacies of suing the other driver’s insurance company can significantly impact the outcome of your claim. Navigating this complex process alone can be daunting, but you don’t have to do it by yourself.
Here at Marks Law Group, our Decatur injury lawyers understand what the injured party goes through when dealing with a personal injury case, and we want to make things easier. Contact us today at 678-251-9309 to schedule a free consultation.