In order to make an automobile insurance claim in California, a policyholder must contact his or her insurer as soon as possible. A claim can be reported by dialing the phone number stated on the policy holder’s insurance card. A claim can also be started by going to the insurer’s website or downloading their mobile app.
Regardless of who was at blame for a motor vehicle collision in California, people who have auto insurance should contact their own insurer first. If the uninsured believe the other party was fully or substantially at blame, they can file a claim with the other party’s insurer.
In either scenario, a person who has been in an automobile accident should consult with an attorney first. Insurance adjusters are compensated to protect the interests of the insurance company. Even if the insurance company makes it appear that way, these are not always the same as the policyholder’s interests.
Our California personal injury lawyers highlight the following topics to assist you better understand how to submit an automobile insurance claim in California:
You might also find our article “What to Do After a Car Accident in California” helpful.
Can you sue another insurance company?
The answer is technically no, however you can sue the at-fault motorist, and their insurance company is legally obligated to indemnify you under the provisions of their policy. Our East Bay personal injury lawyer outlines everything you need to know about holding another motorist (and their insurance company) accountable in a California car accident.
California is a ‘at-fault’ state when it comes to car accidents. If you are in a car accident in the East Bay, you have the right to hold the other driver (and their insurance company) responsible for your losses. As a result, every significant automobile collision necessitates a thorough investigation by a skilled California auto accident attorney. While responsibility is obvious in some multi-vehicle collisions, it is disputed in a large number of others.
Not every car collision is the result of a single party’s negligence. In California, the legal threshold is referred to as “comparative negligence.” These claims are settled by the court assessing how much liability each party has by “assigning percentages of blame,” as detailed in the Judicial Council of California Civil Jury Instructions (CACI No. 406). In the event of a traffic collision, each party shall be held responsible for their proportional share of the fault.
Consider what would happen if you were wounded in a two-car accident in Alameda County. You incurred a total of $15,000 in medical expenses, missed income, and pain and suffering. If the other driver is judged to be 100 percent at blame for the collision, you can sue the at-fault party for the full amount of your losses ($15,000). However, if you are judged accountable for 20% of the fault in the accident, you would be held liable for 20% ($3,000) of your own damages. This implies you may get 80 percent of your damages back from the other motorist, or $12,000. Whether your damages are $15,000 or $15,000,000, the same comparative fault analysis applies. You suit for 100% of your losses in an accident when liability is disputed, and a jury decides whether the defendant is 100% accountable or whether there is comparative fault and percentages should be given.
You have the right to hold another driver accountable for your damages if they were at fault for the accident. In most cases, a lawsuit filed in connection with your accident will be filed against the at-fault party. In other words, you do not sue the insurance company of the other driver. However, the insurance company of the at-fault driver has a legal obligation to indemnify and defend them in accordance with the provisions of the insurance policy.
Because the insurer has no legal commitment to you, you normally cannot sue the other driver’s insurance company directly. Rather, the insurer’s responsibility is to the policyholder (the at-fault party). Of course, you’ll still have to deal with officials from the opposing insurance company who are in charge of the claim. Working with large insurance companies should always be done through an experienced California automobile accident lawyer.
You don’t have to pursue a lawsuit just because you register a claim against another driver. In truth, only a small fraction of car accident cases end up in court. The majority of car accident cases are settled. Our East Bay car accident lawyers have considerable expertise representing injured victims and will assist you in starting the claims process so that you can get the full and fair financial support that you deserve.
What happens when both insurance companies deny claims?
A: You’ve called the at-fault driver’s insurance company to report the accident, and now you’re waiting for them to respond to your claim. They’ve had plenty of time to pore over the papers and get the information they require, but they’ve remained silent. When you contact to inquire about your account, they inform you that they have decided they are not liable for the claim and will not be paying you or your family anything.
The first step should be to request proof. Why do they think you owe them nothing? You demand proof of their position, and you demand it now. They must supply you with the evidence you require to determine whether or not they are liable. They can’t keep what they have, which tells them they owe you nothing for the accident, private. You want to see the incident’s paperwork, and they have no choice but to give it to you. Once you have this information, you can debate whether or not it is required.
The most common defense used by insurance companies to deny claims is that the officers on the scene of the accident did not say that their client was at blame. They’ll claim that nothing in the police accident report supports this information, and that as a result, they’re not responsible for anything. Now it’s up to you to prove that the accident was not caused by you. This could be accomplished by engaging an attorney to represent you.
Before you do that, you should contact your own insurance provider. Most insurance companies will cover the costs of the repairs and bills and then sue the other insurer for reimbursement. You’ll have to pay your own deductible, but it’s usually less expensive than paying for costly repairs yourself. Call your insurance company and find out what they recommend. Many people will tell you that filing a complaint with the other insurance while they fight for payment is the best thing you can do.
If it doesn’t work, you should speak with an attorney. This isn’t always essential, but it is if you’ve been hurt and your medical expenditures have already started to mount. If the other insurance company denies your claim, you may need to pursue further damages to cover the cost of repairs and medical expenditures incurred as a result of your injuries. An attorney can examine all of the evidence from the accident, recreate the crime scene, and establish who is to blame. This could include going to court with the other insurance company and the other car’s driver to have a judge make the ultimate decision. Because most insurance companies are unwilling to go that far, a settlement is frequently offered.
Can you sue an insurance company after a settlement?
Yes, you can sue the insurance company after you’ve reached an agreement with them.
However, there’s a good chance that the judge will dismiss your complaint. The defendant will inform the judge of the settlement agreement once the judge has heard your lawsuit. The judge may decide to dismiss the case at this time. After all, the settlement agreement clearly states that you agreed to pursue no further compensation.
If the judge dismisses your lawsuit for this reason, you may be responsible for the defendant’s legal fees and other costs. It’s possible that your post-settlement litigation will cost you thousands of dollars.
Do insurance companies talk to each other?
While car insurance firms do not communicate directly with one another, they do share data. A database called the Comprehensive Loss Underwriting Exchange gives all vehicle insurance providers access to your claims history (CLUE). Other similar statistics will be used to determine your risk.
Can an insurance company drop you for too many claims?
Multiple Claims in a Short Amount of Time Your insurance company may drop you if you file more than one claim every year. When a large number of claims are submitted in a short period of time, insurers will usually opt for non-renewal of your policy rather than canceling it outright.
Can you sue an insurance company for lying?
You have several options when it comes to filing a lawsuit against your insurance company. It’s worth noting that you can sue your insurer for multiple reasons.
Suing an Insurance Company for Negligence
Negligence is defined as a failure to act or comply with the requirements of a legal agreement from a legal standpoint. You may be able to sue an insurer for gross negligence, which is defined as a failure to act that leads to a disregard for safety.
If your insurance acted or failed to act in a way that caused you harm, you can sue them for negligence or gross negligence:
- You can claim for negligence if your insurance agent fails to offer the coverage you requested or fails to advise you of your options.
- If your insurance company neglected to explain or misrepresented about what your policy covers, you could file a negligence case. You might claim for deception if they lied about your coverage.
- If your insurance fails to fulfill its obligations, you might initiate a negligence case. It can include not responding to a claim or appeals letter or failing to perform a thorough inquiry.
- You could claim for negligence if your insurance provider failed to warn you that they were going bankrupt or that your coverage was about to expire.
Can you sue your insurance company for pain and suffering?
If you were hurt in a car accident, you may be able to sue your own insurance company for your pain and suffering, as well as any damages that exceed your policy limits. You must, however, meet certain standards.
According to the New York Department of Financial Services, personal injury protection (PIP) coverage is a required auto insurance policy for all drivers in New York (DFS). Regardless of fault, your PIP policy will cover your eligible expenditures and losses up to $50,000. Here’s how you can go above and beyond this restriction.
What happens if someone sues you for more than your insurance covers?
Unfortunately, you won’t be able to force an insurance company to pay more than the policy limit. You do, however, have the right to sue the at-fault driver for more than the insurance policy’s value. This would imply that a lawsuit will be filed against the driver who caused the accident, rather than the insurer.
The problem is that many drivers do not have the financial means to compensate you for your losses. Even if you win the lawsuit, you might not be able to collect the entire sum. Lawsuits can be costly and time-consuming.
In most circumstances, your lawyer will negotiate with the insurance company to obtain reimbursement for you. This may limit your options if your damages exceed the insurance limitations, but it may be the best option until your lawyer determines that a lawsuit is required.