Can I fight again my insurance company?

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Can I fight again my insurance company?

A month ago, I hit my car to the pole in the parking lot in snow day. I did submit some documents which insurance company need, but they didn’t want to pay. This claim still process and more than a month already. Now, I hit light pole again but in freeway while it snowed yesterday. The light pole was down and my passenger side car is damaged. My car wall fell down to the slope and I need the towing to pull me up. I feel hurt little inside my leg. I claimed my insurance and they said they just pay what they think. They didn’t care about I’m hurting or not. What can I do now?

Asked on March 4, 2019 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you believe that your insurer is not paying you what they should in this situation given the terms of your policy (remember: they only owe you what the policy says they do, and only when the terms of the policy indicate they should pay), you can sue them for "breach of contract": for violating their contractual obligations (an insurance policy is a contract). That is how you fight your insurer. In the lawsuit, you'd need to prove to the court that udner the circumstances of the accident, given what happened and the injuries and damage that resulted, that under the terms of the policy, the insurer should have paid you; if you can convince the court of that, they can order the insurer to pay.


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