Will i have to sue my own insurance company?

I was involved in a hit and run me
and my kids.and I have full
coverage, but my insurance dont
pay for medical or rental. Me and
my kids is fine but my car is totaled.
Would we still be required to get
anything out of this or will i have to
sue my own insurance company?

Asked on September 4, 2016 under Accident Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you believe that you insurance coverage includes medical bills and rental expenses for you in your situation (check the terms of your policy--an insurance policy is a contract, and the insurer must provide that coverage, and only that coverage, required by the policy's plain language), but your insurer will not this, then yes, your recourse, or way to get payment, is to sue the insurer for "breach of contract," or violating their contractual obligations. To win such a lawsuit, you'll need to show that under the terms of the policy and the facts of this situation (i.e. applying the facts to the terms of the policy), your insurer must pay.

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