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.
Can I claim on someone elses insurance?
In the most basic case, if someone else hits you, you’ll file a claim against their liability insurance. This is referred to as a third-party claim because you are the third party in the eyes of the other driver and their insurance company.
The claim will be processed by the other person’s insurer, but don’t expect a rapid settlement. The insurer may want to look into the accident to see if their customer was genuinely at fault.
Can I sue an insurance company?
You have the right to sue your insurance company if they break or fail to follow the conditions of the policy. Not paying claims in a timely manner, not paying claims that have been properly filed, and making bad faith claims are all examples of common infractions.
Fortunately, there are numerous rules in place to protect consumers like you, and it is not uncommon for a policyholder to file a lawsuit against his or her insurer.
It’s difficult enough to deal with property loss, injuries, the death of a loved one, or any other calamity. It’s easy to feel overwhelmed when you have to fight your insurance provider on top of everything else.
Continue reading to discover the basics of filing a lawsuit against your insurance company for refusing your claim or other wrongdoing.
Do insurance companies talk to each other?
The answer was provided by 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.
Will claiming on someone else’s insurance affect mine?
Unfortunately, the short answer is yes. Making a claim will almost always result in an increase in your auto insurance rate, regardless of who was at blame. Fortunately, a non-fault claim will not have as large of an impact as an at-fault claim.
You may see an increase in your insurance price even if you don’t file a claim after an accident.
How long does an insurance company have to investigate a claim?
The insurance company has roughly 30 days to investigate your claim in most cases. The statutes of limitations in your state will also impact how long you have to file and settle a lawsuit.
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.
Do insurance companies try to get out of paying?
Accident victims desire nothing more than to move on from their traumatic experience after becoming injured. Unfortunately, accident victims are subjected to burdensome paperwork, long phone calls, and repeated interrogations as a result of insurance firms’ practices. This might go on for weeks, months, or even years.
Insurance Scheme 1: Deny
A court can impose compensation from an insurance company if an insured individual can prove that the firm denied a claim for no good reason under Minnesota’s bad faith legislation. Unfortunately, this isn’t enough to deter them from doing it. Insurance companies have their own lawyers who are up to date on the latest legislation and loopholes. They might try to use technicalities to dismiss your claim and protect their profits.
Denying Damages
Insurance companies may find it difficult to refute the damage caused by a fire or a multiple-car pile-up. However, many accidents that result in injuries are subtle. Adrenaline is high after an accident, and it can conceal pain. Insurance companies may try to exploit your apparent unharmed status as evidence against you. That is one of the reasons why it is critical to get medical attention after an injury.
Downplaying Injuries
When insurance companies fail to deny damages, they will try to downplay the severity of your injuries in order to reduce the amount they have to pay you. This is more likely to occur with injuries that patients believe will heal, such as shattered bones and whiplash. The reality is that these kind of injuries can result in long-term discomfort, and you should be reimbursed accordingly.
Insurance Scheme 2: Delay
If you’ve ever called a huge organization for any reason, you’re probably familiar with being put on hold for long periods of time and being passed from department to department in quest of answers. The insurance industry is no exception. They may make it difficult for you to receive updates on the status of your claim by making you jump through hoops.
Their stalling tactics are intended to weary you so that you would abandon your collection efforts. Even though they know they’ll have to pay out someday, it’s in their best interests to keep free float, which is money set aside by insurance firms to fulfill claims. Insurance firms have the option of investing your money rather than paying you on time. They make more money the longer they stall. Meanwhile, you’re on your own.
Confusing the Victim
Accidents happen in a flash. It’s quite tough to pay attention to every detail while you’re hurt. Similarly, it’s natural to be dazed in the aftermath. Insurance firms are aware that you are not in the best of moods, and their representatives can profit from this. If the other party’s insurance company tries to contact you personally, be suspicious. They may try to get you to divulge information that makes the accident appear to be your fault.
Insurance companies also employ written paperwork to perplex you. It’s easy to compare reading insurance documentation to reading the terms and conditions after downloading a new app. We’re all guilty of skimming. Insurance companies are well aware of this. As a result, they’re hoping we’ll miss crucial details. While they should communicate with customers in simple terms, their policies are frequently complicated. As a result, if they’re not delivering all of the coverage they’re intended to, you might not realize.
Waiting for Death
In rare cases, an insurance company would purposefully postpone the resolution of a claim until the wounded victim has died. When they stand to lose a large sum of money, as well as when the accident victim is extremely ill or elderly, this is more prevalent. No one will pursue a claim after a death if the insurance company gets their way. Survivors, on the other hand, can still seek recompense for a loved one’s estate.
Insurance Scheme 3: Defend
Insurance companies may try to transfer some of the blame to you in order to reduce their payout by claiming that your conduct contributed to your injury. Let’s say you’re hit by a car who ran a red light. The insurance company will search for evidence that you broke a driving law, such as exceeding the speed limit. A firm may also claim that your injuries are the product of earlier trauma rather than the situation at hand.
Using the Upper Hand
With 78 percent of Americans living paycheck to paycheck, it’s evident that even in the best of times, getting by is challenging. Insurance firms are well aware that this is especially true for accident victims who are facing missed wages and medical expenditures. They’re known for making lowball offers to tempt people who are having trouble settling.
What to do if insurance doesn’t want to pay?
A number of vehicle insurance firms are quick to defend their own policyholders. They may inform you, but they will not examine your vehicle until they have heard the other driver’s side of the story. If the insurance company declines your claim despite proof to the contrary, contact them and offer all supporting documentation, such as recorded statements, police reports, and eyewitness testimony. If you’re still having trouble, ask the insurer to explain how it thinks the accident happened.
How do I fight an insurance company?
- Step 1: Get in touch with your insurance agent or firm once more. You should study the claim you originally made before contacting your insurance agent or home insurance company to contest it.