If my car insurer told me 3 times not to file a claim with them when I was hit which cost me money, can I sue them for negligence/false info?
Question Details: Other party ran a red light while I was entering intersection on a green light. I called my insurance three separate times that day asking if I should file a claim with them or if I should only file with the other parties insurer. They said to only file with the other insurance company. Because of this, the other driver's insurer took a while to declare their client at fault and would not cover my first few weeks of my rental car because I failed to "mitigate damages". Can I sue my insurance company (no longer my insurer) in small claims court for negligence and false information? Any other options?
I would start by asking your carrier to cover the unpaid rental car bill for you. However, under the factsa as described, I don't see that your previous insurance company was negligent or gave you false information. Generally when a driver has been found to be at fault, their carrier is the insurance who handles a claim. If you feel you have been unfairly treated by either your insurance carrier or the other drivers carrier, probably best to file a complaint with your state Department of Insurance. Filing a lawsuit can be costly and takes time and you might find that it is not worth it to you in this instance to do so.
