What to do if was recently in a car accident were I am being held at fault 80% by the insurance company?

UPDATED: Dec 17, 2012

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What to do if was recently in a car accident were I am being held at fault 80% by the insurance company?

I feel that the company worked in bad faith with me and they provided inadequate compensation against my claim. How do I got about this? Could I sue the insurance company in small claims court or do I have to sue the driver of the vehicle?

Asked on December 17, 2012 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your own insurer acts in bad faith against you and/or breaches the terms of its policy with you, you would sue it for breach of contract (since an insurance policy is a contract) and/or for violation of the implied covenant of good faith and fair dealing (the obligation, imposed by law, to treat with the other party to a contract in good faith).

If you feel it is the other party's insurer (the other driver's insurer) who is not offering you what the claim is worth, you would sue the other driver--you don't sue other people's insurers directly, but rather sue the purportedly at-fault party and let  their insurer step in to defend and/or indemnify, as applicable.

Whether you can sue in small claims court or not depends on how much you are suing for--is it under the maximum limit for the small claims court?

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