How do I go about sueing a insurance company for refusing to pay
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How do I go about sueing a insurance company for refusing to pay
I had full coverage and when my vehicle
was set on fire they refused to pay me
and my coverage was in good standing for
another 3 months and they keep putting
my matter to side
Asked on July 5, 2017 under Insurance Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The advice you've received is the best advice: there are attorneys who specialize in holding insurers accountable, and one of them can certainly help you.
If however you don't want an attorney--or the matter is not economically worth hiring one (e.g. was an older vehicle, and worth, say, $5,000 or less--you are allowed to sue the insurer yourself. You would file a lawsuit in county court against the insurer (not the agent or broker--the insurance company itself) for "breach of contract," or for violating their contractual obligation (since an insurance policy is a contract) to pay out your claim. To win the lawsuit in court, you would have to prove that you had the relevant coverage (which you can do with your insurance policy), that you were paid up on it (which you can do with cancelled checks or other proof of payment), and the facts of this fire; if you can show they should have paid, you can get a court judgment requiring them to do so. You can get information about filing suits from the court's clerk's office or online from the court website.
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