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Can I sue my auto insurance company ?

Vista, CA |

I was in a car accident where it was deemed the other partys fault. I've had nothing but headaches from my insurance, not getting return calls, not contacting the other insurance agencys. I had to get the police report. I had to contact the other companies, and follow up with the tow company, collision center and police. That was almost two months ago and now that my car was "totalled" i'm being billed fees that were incrued by the tow yard that my insurance company deemed excessive and they refuse to pay. And i still dont have a car!!! help

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Attorney answers 6


You are at the right place. Surrounded by very competent lawyers here on AVVO that can handle your matter. Look for them in your local area and they will be happy to sit down and discuss your matter. Do not deal with the insurance companies directly as they will do everything possible to cut value from your case and you already see they are not there to help you when it comes time to pay out a claim.


These issues may be very frustrating and theoretically add up to a claim for bad faith breach of the insurance contract, but it's unlikely that paying a lawyer to file a case would make sense, or would one take this on a contingency because the damages are limited. What you can do, perhaps, is file a small claims court action. Avvo guides can help you do this as can books from Nolo Press and state bar web sites. You can also file a complaint with the Department of Insurance.


You know--- the public has really bought into the "Like a Good Neighbor" bull--- the truth is that the insurers do only what they are obligated to do by contract--- nothing more.
Insurers are required to act promptly and keep insureds advised. If they do not--- you can rrport them to the Insurance Commissioner.
I can't tell all of your facts-- so it is difficult to say whether you can sue them.
The other guy's insurer will be responsible for most of your expenses not covered under your own policy. After 2 months--- it is time to consult with an attorney --- you need immediate action and dealing with the insurance companies on your own has not worked out.

Good luck!


Best bet is to call one of the above lawyers in your state to help resolve it, especially if you sustained injuries.


I live and work in California and deal with accidents like yours all the time, so I am happy to answer your question. The answer to your question is that the best thing to do is to hire an attorney and have the attorney deal with your your request for payment of pain and suffering and medical bills to be paid for. Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hire can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case and get you a rental if you need one.

You have some great facts, but your case definitely needs to be developed further to corroborate your story. You should hire an attorney so you're not bullied around! There is no upfront cost to hire an attorney. With a case like yours it seems like you have some good facts in order to get a high settlement. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases in the Vista area.

We all give free consultations! Make your life easier and hire a lawyer.

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Yes you can. However, you have to have legal grounds and damages. Otherwise, ypou will be throwing good money after bad money. Consult with an attorney in your jurisdiction. Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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