What kind of lawyer would I need to sue an auto insurance company?
What kind of lawyer would I need to sue an auto insurance company?
I was recently in a car accident… where I was at a dead stop in traffic.. (wrong place.. wrong time) and a woman came out of no where and hit the passanger side of my car. She was young and cute and claims that a "third party driver" ran her off of the road and that forced her to hit us, so the young police officer who wrote up the report did not find her at fault because of this "third party" that could have been a ghost as far as we know.. This person did not actually hit her, so there is no physical evidence of her claim. But because that is what the police report says, of course that is what her insurance company is going by. So her insurance company (geico) is refusing to cover the cost of of my damages, and my insurance company (Nationwide) is refusing to do much about it except pay for my damages and raise my rates!! This a bunch of BS. So can I sue Geico to try and get them to fork out the money since i did NOTHING wrong? If so what kind of lawyer do I need?
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7 Responses
1.31.2010
Any ol' personal injury attorney would do it, or someone with a general practice. You will need to bring a claim against the "young and cute" girl, and then her insurance will likely jump in, unless they deny the claim to her also, but that is not likely. If she was not actually hit, then your claim has some legs, in that she was too close to you to avoid an accident, and therefore she does have fault. I'd call a few attorneys and just ask, they are always willing to give free consultations.Although Police reports are great if they support your cause, they don't necessarily make or break a case.
1.31.2010
Your insurance company pays you for your damages and then subrogates from the other company to regain this amount if you were not at fault. This usually goes on behind the scenes and an insured is typically not aware of it. Some insurance companies will surcharge you or raise your rates for a not at fault accident. Are you sure your company is charging you for an at fault accident and not a not at fault accident? I would check with your agent on this. If the police report does not show the other person at fault I don't see how you could sue them.
1.31.2010
You can always sue, but it will probably cost you more in legal fees than the jump in your rates. You should call a contract lawyer and see what they believe. Good luck.
1.31.2010
Well if you are suing anybody, you need an attorney in a civil law. However, without the support of the police report, i don't think that you have much of a case.
1.31.2010
I have read the other answers and one other thing I don't see mentioned is contact the Department of Insurance for your state that is usually listed in your insurance paper work with your policy. In Texas call 1-800-252-3439 POBox 149104 Austin, TX 78714-9104 Fax (512) 475-1771 make a complaint against one or both insurance companies. If it is true what is written in the other answer about behind your back scenes then let the state get involved for you.
1.31.2010
An insurance attorney of course
1.31.2010
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