Can You Sue an Insurance Company for Negligence?
Can you sue an insurance company for negligence? The answer is yes, but the task is more difficult than you might think. Even if the insurance company has denied a claim on which there is clear liability, and keeps you from receiving compensation or services that are your legal right, it is up to you to prove otherwise.
More often insurance companies will lowball people who are already suffering, knowing that they will take a pittance of what they deserve because of their great need. Insurance companies employ huge teams of lawyers to make sure that they pay out as little as possible, protecting their bottom line at the expense of other people. We know exactly how this works because we used to work for them.
The personal injury attorneys at Grimes & Fertitta have spent the last two decades fighting the insurance companies, and getting their clients what they need to recover. If you believe that the insurance company has been negligent with respect to your claim, call the attorneys at Grimes & Fertitta at (713) 224-7644 for a free case evaluation.
What is insurance negligence?
Broadly, negligence occurs when one party violates their duty of care to another party, and that violation causes the wronged party to suffer damages.
An insurance company commits negligence when they violate its duty of care to you by wrongly denying an insurance claim and denying you the recompense that you are owed. Seems pretty simple, right? The problem is that proving the insurance company’s negligence is entirely up to the victim; there is no sufficient system in place to hold private insurance companies responsible, and they more or less operate with immunity.
This is where lawyers who sue insurance companies come in. Whether you’ve been hit by a truck and have been denied a claim to pay for common injuries from car accidents, or were involved in a workplace accident that left you unable to work, if the insurance company denies a claim despite clear liability (or engages in other deceptive practices outlined in the Texas Insurance Code) you’re going to need a lawyer to help you prove that the insurance company acted in bad faith.
What can you sue an insurance company for?
Can you sue an insurance company for taking too long? Can you sue your insurance company for pain and suffering? The answer to most of these questions is unfortunately “sometimes.” If your insurance company was found to be acting in bad faith and you suffered because of it, you can likely sue your insurance company, but it must be determined that they were acting in bad faith.
What is an example of negligence in insurance? Some common examples of insurance providers acting in bad faith include:
- Failing to deliver necessary coverage or communicate necessary information about coverage options
- Failing to adequately inform policyholders about their coverage options or misleading them about expected coverage
- Failing to adequately investigate claims in a timely manner
- Failing to notify policyholders about the expiration of coverage or important changes in coverage
- Failing to provide a prompt and reasonable explanation for the denial of a claim
- Discouraging a claim
Because insurance companies are not required to pay all claims, in order to really know whether or not you’ll be able to successfully sue them you will likely need an experienced personal injury attorney’s counsel.
If you have experienced any of the above at the hands of an insurance company, it is worth calling a Houston insurance lawyer to discuss your claim and begin the process of getting what you deserve.
How to sue a negligent insurance company in Texas
If you believe that your insurance company committed negligence by denying your first or third-party claim, how can you sue the insurance company? You only need to do a few things and your lawyer should take care of the rest.
- Give your attorney the best possible chance by gathering as much evidence as you possibly can. Documentation from the insurance company, rejection letters, medical bills, police reports from your accident — anything that allows you and your attorney to establish the facts will help.
- Aggregate all communication with your insurance company, and pass it along to your lawyer. Consider recording phone conversations and require written communication whenever you can.
- Contact a firm of lawyers who sue insurance companies and hire the best lawyer you can find.
Your lawyer will conduct discovery, depose witnesses, investigate the claim, collect statements, and gather evidence on their own, but any groundwork you can provide will give your case a better shot at succeeding and allow your attorney to work quicker.
Can you sue an insurance company for negligence? Contact the lawyers who sue insurance companies at Grime & Fertitta.
You can absolutely sue an insurance company for negligence, but if you want to succeed, you’ll need a personal injury attorney in your corner. The Houston personal injury attorneys at Grimes & Fertitta spent years working for the insurance companies. We know exactly how the big insurance companies do business, and we know exactly how to stop them.
Whether you’re looking for a Houston car accident lawyer, a workplace injury lawyer, or a lawyer to help you sue the insurance company, we can help you to begin the process of getting what you truly deserve.
Call the lawyers who sue insurance companies at Grimes & Fertitta today at (713) 224-7644 or contact us online for a free case evaluation.
More Helpful Articles by Grimes & Fertitta: