How can I take an insurance company to small claims court?
I was in a car accident with another driver at no fault of my own and now the insurance company is refusing to pay for my damage. Is it possible to take a company to small claims?
Filed under: Disability Insurance
Like this post? Subscribe to my RSS feed and get loads more!
Sue the driver and/or owner of the vehicle, not their insurance company.
The only time you would sue an insurance company is if that insurance company failed to properly represent you as your insurance provider.
You can certainly take a company to small claims court, but you cannot do that in this case.
If you attempt to take only the insurance company to court, then you will lose, and you will get no money.
There is only one way to go to court and get money from the insurance company:
You have to take the driver to court.
You can take the driver to small claims court. If you take the driver to small claims court, and you win, then you get the money from the insurance company. This only happens if you take the driver to court. It does not happen if you take only the insurance company to court.
No. If it’s not covered it’s not covered.
No. The company is not liable for the accident. The driver is. You sue the driver.
If you take the INSURANCE company to court, you’re going to lose – the INSURANCE company didn’t cause the accident.
But you’d take them, the same way you take the driver – file the paperwork, pay the fee.
There could be LOTS of reasons why the insurance company didn’t pay – maybe the policy was cancelled, or maybe the driver wasn’t covered under that policy.
In any case, you want to sue the DRIVER for your damages, not the insurance company.
I agree with the above statements on taking the driver to court – however are you certain this accident was their fault and do you have proof? Was a police report filed showing the other driver was at fault or do you have other proof in the form of witnesses etc? You may benefit from filing the claim through your own insurance company and letting them take care of subrogation to the at fault party. This saves you court fees etc but you may end up paying your deductible out of pocket and could risk your insurance rates going up if it is not their fault.