Uninsured motorist accident insurance is designed and intended to protect a party involved in a collision with a driver that has not purchased automobile insurance. This type of coverage should be made available to the purchasing party regardless of whether or not he was at fault in the accident. Sometimes, insurance companies do not honor this type of clause and refuse to pay on a claim made within its purview. If this denial is serious enough, it may be necessary to sue an insurance company for payment.
Indications That It’s Time to Sue
An insurance company that does not automatically pay on an uninsured motorist claim does not necessarily need to be sued. Many times, insurers will deny payment until it is certain that the other party does not have automobile insurance or to deny payment until the claim is reduced through negotiations. It is time to sue your insurance company for not honoring uninsured motorist coverage when you have been continuously denied payment for no reason, despite the company being informed and having documentation that the other party did not have insurance.
Check Your Contract
The first step to determining whether the insurance company is wrongfully denying your claim is to check to make sure that you have purchased uninsured motorist coverage and that the insurance contract between you and the company states that it has been purchased. Check the parameters of when the company must pay to be certain that their denials are in violation of the contract.
The Steps to the Courthouse
Prior to filing a court case, you should inform your insurance company that their denials of your claims have led you to need to sue them for failing to honor the coverage they are required to cover under the terms of the contract. Many times, this threat will induce the company to honor your claim. To make your claim more persuasive, include copies of the terms of your contract that discuss the uninsured motorist coverage.
The Court Case
Suing an insurance company for failing to abide by a contractual term is a lawsuit for a breach of contract. In this type of litigation, you must prove that there is a contract detailing the terms of when an insurance company must pay, that those terms occurred, i.e. that you were involved in a car accident and that the company failed to pay you for your claim. If the contract states that you cannot have been at fault for the accident to be covered under the uninsured motorist clause, you must also prove that you were not the cause of the accident.
Getting Legal Help
Breach of contract court cases are complex. An insurance company being sued by a customer will have several attorneys fighting on their side. If your insurance company has not paid you for a claim under an uninsured motorist clause, contact an attorney to discuss your rights.
