Despite federal regulations that govern how insurance companies respond to claims, you might find yourself in a struggle if your claim is denied. Even though it is frustrating, insurance companies aren't the only ones you can help you receive compensation for car accident injuries or property damage. Work with our attorneys to utilize the following options.
File a Claim With the Other Driver's Insurance Company. If you were involved in an accident with another driver, you can file a claim with that driver's insurance company for any damages caused by that driver. All drivers are required by law to have automobile insurance, and most policies will cover for property liability damage, which covers damage to another person's property by the driver's car, including damage to other vehicles. If you remembered to exchange insurance information after a collision, you can contact the other driver's insurance company and proceed to file a claim through them.
Go to Small Claims Court. Hiring an attorney to represent you in civil court can be an extreme measure if the damage is only worth a few hundred dollars, so consider how much your case is worth before you decide to go this route. Talking to an attorney can help you best decide which way to proceed. The cap on small claims court suits is $5,000, but you may be able to mediate for this amount.
Sue in Civil Court. If damage to your property or person exceeds $5,000, consider hiring an experienced car accident attorney who can help you sue in civil court for your damages.
Typically, the claims that perform the best in court are negligence, negligence per se, and a breach of contract. Negligence involves the claim that your property damage or injuries were caused by a driver not acting with the care that a reasonable driver would give. Negligence per se means that a driver violating a traffic law meant to protect drivers from accidents, such as not stopping at a stop sign, may be automatically responsible for your injuries and damages. A breach of contract is filed against your insurance company for denying your claim by stating that they refused to pay you because of bad faith, or that they violated their insurance agreement with you.
If you are dealing with the hassle of filing a claim against another party or your insurance company is not cooperating, contact the attorneys at the Kyle Law Firm and we will get your case heard and settled.