Can I sue my own insurance company?

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Can I sue my own insurance company?

I was in a nasty accident back in February. I
was rear ended.I had metlife as insurance.
They screwed me over terribly and I have been
in forced unemployment ever since. They tried
to tell me that my bank returned my payments
on the policy. My bank says they dont do that
because I paid with debit card They wont let
me make a payment with a rep on the phone
they say it has to be done online. So I go back
online make payment and yet again its denied.
I then get a letter stating my policy is cancelled
but they refuse to tell me why my payments are
denied. I have been fighting with them for
months. This girl finally tells me that they
messed up the billing but refuses to pay my
claim still. I am beyond angry because I cant
work or replace my car because of them.i am
now living with my parents and I am 27 years
old I need to get on with my life. Can they be
sued for negligence? I did absolutely nothing
wrong and I got completely screwed over.

Asked on July 5, 2018 under Insurance Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you believe that they did not act in good faith vis-a-vis you (such as taking your payments but not crediting them or honoring coverage; or by refusing payments where there was no grounds to do so), you could sue them for "breach of contract" (violating the terms of your policy, which is a contract) and/or for violating the "covenant of good faith and fair dealing," which is the obligation imposed on law on the parties to a contract (like an insurance policy) that they act in "good faith" towards the other side and/or do not intentionally do anything to prevent the other side from getting the benefit of the contract (policy). You could sue them for the payment they should have made on your claim.


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