How To Sue an Insurance Company After a Car Crash
Data from 2020, published by the National Highway Traffic Safety Administration in 2022, shows that there were an estimated 5,250,837 police-reported accidents. Of that number, 2,282,015 of these accidents involved injuries. Those numbers could also reflect the amount of insurance claims filed by the motorists to collect compensation for their losses.
Generally, motorists who suffer injuries in a crash or family members who lose a loved one in a collision file a claim first. What happens if they offer less compensation than their claim is worth or deny it altogether, though? This is when filing a lawsuit may be necessary. Are you at that stage? If so, we’ll share how to sue an insurance company after a car crash.
Understanding the Auto Accident Claims Process
Before you file a lawsuit against an insurance company, you must go through the claims process. When you file your claim, the insurance company will conduct its own investigation to determine who is at fault for the accident. Since Mississippi is an at-fault insurance state as well as a pure comparative negligence one, it’s possible that both drivers could be found partially responsible for an accident.
While an insurance adjuster may make an offer solely on the basis of you filling a claim, generally, your attorney will need to remit a demand letter, which includes records and bills along with a narrative of what happened, for them to do so. An insurance adjuster may respond as follows:
- Agree to pay your damages
- Offer a lower amount proportionate to their driver’s amount of fault
- Deny the claim
After discussing the offers with your attorney, you will have a choice to make. You can either accept the offer or move forward in filing a lawsuit.
What To Know About Litigating a Car Accident Case
Suing the insurer for the motorist who struck you, causing your injuries, may be warranted if an insurer pushes back and gives you a low-ball offer or denies your claim. It’s important that you know that he same elements of negligence that you or a Jackson car crash attorney must meet when proving a claim must also be proven at trial. These include:
- Duty of care
- Breach of duty of care
- Damage causation
Every driver has a duty of care to drive responsibly. The minute someone goes over the speed limit, texts while driving, runs a traffic light, or switches lanes without signaling, they breach that duty of care. Your damages are tied directly to those events when that breach triggers an accident.
The Lawsuit Process
Your intention to sue an insurance company for damages will be formalized with a filing in the Mississippi court system. The discovery process will begin once this filing is made, which essentially amounts to an exchange of evidence between litigants. In addition, the discovery process can involve the questioning of the at-fault motorist.
Once the discovery stage is complete, a trial day will be scheduled. The trial begins with jury selection. Once the jury is seated, your attorney will present your case and all the supportive evidence. At any point in these proceedings, the insurance company could come back with a settlement offer.
If they do, you will review that offer with your attorney with the understanding that you could lose the case. If the jury finds in favor of the at-fault driver and their insurer, you will not receive any compensation. If you and your attorney are confident with your case and still find the insurance company’s offer to be too low, you can reject that and complete the trial.
Committing to the Case
The more resolve you have with your lawsuit, the more likely the insurance company will make a reasonable settlement offer. They don’t want to risk damaging their brand and incurring additional legal costs. When you retain Pittman, Roberts & Welsh, PLLC to help you pursue a lawsuit against an insurance company, you will have the backing of the entire team. Call to schedule a free consultation to discuss the details of your car accident.