Can I sue my insurance adjuster?

I was in a auto accident a few months ago and I am being sued for negligence
even though I was listed as a witness in the police report and my adjuster is
claiming I am at fault and not working with me. I spoke with an attorney and he
said my insurance should have appointed an attorney for me, can I sue her or my
insurance company for not providing adequate help?

Asked on May 22, 2017 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue your insurer for "breach of contract" if you believe that under the facts of this situation and the terms of your policy (which is a contract) they should be defending you. The insurer must defend you when the policy says they will.
Note that the police report is not determinative or binding: it is only the police's opinion. It may be a persuasive opinion (the police are trained and neutral/unbiased), but that's all it is--don't put too much weight on it.

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