The Insurance Company Denied My Claim or Made a LowBall Offer. Can I Sue Them?
It's an unfortunately common scenario. The insurance company for the at-fault driver offers you a few hundred dollars in settlement of your personal injury claim.
They tell you that it is difficult to understand how you were hurt because the vehicles involved did not sustain massive property damage that costs thousands of dollars to repair -or some similar rationale.
You are insulted at the insinuation that you are exaggerating your injury. You're angry because the offer is not in the ballpark of fair. You are fed up, and you want to go to court. But do you actually sue the insurance company of the at fault driver in a car or automobile accident?
You actually sue the at-fault driver.
If they have insurance, that carrier must provide them with a defense, and pay any judgment up to the policy limit. Baltimore personal injury lawyers will tell you that the word "insurance" cannot even be mentioned in court. If it is, the case might get tossed out.I've had some clients over the years who have been so outraged and indignant at the conduct of the claims adjuster and the progress, or lack of meaningful negotiation and reasonable attempts to resolve the case, that they wish to file a claim directly against the adjuster, or the insurance company, or both. There is an assertion they have been harmed, emotionally, by the turmoil on the claims process. I know from experience that dealing with the country's largest property and casualty insurers can be an enormously grueling inducing process. While claims against insurance companies for emotional distress are not successful, if one could should a sufficient level of intentionally culpable conduct, the law, in theory, recognizes such claims.
-This Article was updated by Eric Kirk on 10/2/19.