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?

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?

Asked on June 26, 2012 under Accident Law, California


Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

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.  

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