How To Sue An Insurance Company After A Car Accident And Get Compensated
September 1, 2025
Car accidents can cause serious physical, emotional, and financial damage. What should you do if the other party’s insurance company offers a settlement that doesn’t adequately cover your losses?
You may find yourself considering the next step: suing the insurance company. This post is a step-by-step guide on how to sue an insurance company after a car accident. It will help you understand the legal process, what you’ll need to prove, and the factors involved in holding the insurance company accountable.
When Should You Consider Suing Your Insurance Company?
After a car accident, filing an insurance claim is typically the first step to recovering compensation. However, in some cases, insurance companies fail in one way or another. Below are common reasons people sue insurance companies after a car accident.
Unreasonable Delays in Processing Your Claim
Insurance companies are required to process claims in a timely manner. These delays could include long periods without any updates or failure to make a decision about your claim within a reasonable time frame.
Wrongful Denial of Your Claim
One of the most frustrating scenarios for car accident victims is when their claim is outright denied without a valid justification. Common reasons for wrongful denials include misinterpreting policy terms or claiming that the accident wasn’t covered under the policy.
Lowball Settlement Offers
Sometimes, the insurance company will offer you a settlement that is far less than what you need or deserve to cover medical expenses, repairs, and other damages. Insurance companies often make lowball offers, hoping that you’ll accept out of desperation, but with legal help, you can fight for a fair amount.
Bad Faith Insurance Practices
In cases of bad faith, an insurer deliberately fails to honor its contractual obligations. This could include tactics like intentionally underestimating the value of your claim, manipulating evidence, or misrepresenting your policy’s coverage.
Inability to Resolve the Issue Through Negotiation
When negotiations with the insurance company stall or prove unfruitful, suing may be the next step. If you feel that the insurer is intentionally stonewalling you, legal action can help you break through that barrier.
If you’re facing any of these situations, consulting an experienced Atlanta car accident lawyer can provide you with guidance on whether to move forward with a lawsuit.
Steps to Take Before Suing Your Insurance Company
Before deciding to file a lawsuit, there are several steps you should take to ensure that you have a strong case. First, make sure you have gone through the standard claims process and that your claim has been properly filed with the insurer.
Keep track of all your communications with the insurance company, including emails, phone calls, and letters. If the company delays or rejects your claim without valid reasons, make sure you have detailed records of these interactions.
Next, carefully review the settlement offer if one has been made. If it’s insufficient, assess the difference between what is being offered and what you believe you are owed.
Look for a car accident attorney near me to help evaluate whether the settlement offer is reasonable or whether you should move forward with a lawsuit. Always discuss your legal options with a lawyer before filing a lawsuit.
How to Build a Strong Case Against an Insurance Company
If negotiations with the insurance company fail and you’re considering suing, it’s important to have a strong case. This starts with gathering the right evidence.
One of the first things you’ll need is the accident report, which should be filed with the police. This document will detail the circumstances of the accident and may include statements from witnesses, helping establish fault. Additionally, you should collect medical records showing the extent of your injuries, as well as any ongoing medical treatment you may require.
Photographs of the accident scene, vehicle damage, and injuries are also crucial pieces of evidence. If there are traffic cameras in the area or if a bystander took photos, these images can support your claim.
Hiring an attorney for car accident cases is also important when building a strong case. They will have access to expert witnesses who can testify on your behalf. These can be medical professionals or financial experts who can speak to the long-term costs of your injury.
The Legal Process of Suing an Insurance Company
Once you’ve gathered the necessary evidence and your attorney has reviewed the details of your case, the next step is to file a lawsuit. This can be a lengthy and complex process, which is why it’s important to have legal representation every step of the way.
The first phase in the process is filing a complaint, which formally outlines your allegations against the insurance company. After the complaint is filed, the insurance company will respond, and the discovery phase begins.
During discovery, both parties exchange evidence, including depositions, written questions, and documents related to the case. If your case does not settle during this phase, it will go to trial, where the two parties will present their case before a judge and possibly a jury.
Your lawyer will present your evidence, call witnesses, and argue on your behalf. If the court rules in your favor, the insurance company will be required to pay the damages you’ve been awarded. If you lose, you may have the option to appeal the decision to a higher court, but this can complicate the process further.
What to Expect During the Lawsuit Process
Lawsuits can take anywhere from several months to years to resolve, depending on the complexity of the case. While some cases settle before going to trial, others may require more time in the courtroom.
Legal fees, court costs, and the cost of hiring expert witnesses can add up quickly. Our attorneys, however, work on a contingency fee basis, meaning you don’t pay unless you win your case.
How a Lawyer Can Help You Sue Your Insurance Company
One of the most important decisions you can make when considering a lawsuit is hiring an experienced lawyer who specializes in car accident cases. An attorney brings a wealth of legal knowledge and expertise that can significantly impact the outcome of your case.
A lawyer’s primary role is to navigate the legal system, handle settlement negotiations with the insurance company, and prepare your case for trial.
With a deep understanding of insurance law, your lawyer can evaluate the fairness of your settlement offer and help you determine the best course of action. They also handle all the paperwork and legal filings, reducing the burden on you.
Additionally, a lawyer with experience suing insurance companies understands the tactics insurers use to avoid paying claims. Their negotiation skills can often result in better settlement offers, and if the case goes to trial, they can present a compelling argument in front of a judge.
Alternatives to Suing: Mediation and Arbitration
Before jumping into a full-blown lawsuit, it’s important to consider alternative dispute resolution methods like mediation and arbitration. These options can be faster, less expensive, and more amicable than going to trial.
Both are viable alternatives to lawsuits if you want to resolve the issue without the lengthy and expensive court process. Your attorney can advise you on whether either of these options makes sense for your situation.
Taking Action After a Car Accident
Knowing how to sue an insurance company after a car accident can help when the insurance company refuses to offer a fair settlement or denies your claim altogether. Taking legal action can help ensure that you receive the compensation you deserve, whether through negotiations or a full trial.
At Henningsen Injury Attorneys, we understand the challenges that come with dealing with insurance companies after a car accident. Our team is here to help you through the legal process and fight for the compensation you need to move forward.
If you’re considering taking legal action or need guidance on your current claim, request a free case consultation today. Let us help you get the justice and compensation you deserve.
