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?

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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

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 9 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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