How to Sue an Insurance Company After an Auto Accident

1)
Open a claim with the insurance company of the driver who caused the accident. Do this within 30 days of when the accident occurred to proceed with a lawsuit. You should have obtained insurance information from that driver at the scene of the accident. Once the claim is open, you have 3 years to sue the insurance company.

2)
Seek medical attention after the accident if you were injured. If you are suing for personal injury, pain and suffering and lost wages, you will have a hard time proving your case if you did not receive medical attention immediately after the accident.

3)Follow your primary care doctor's advice to treat your injuries. If your doctor wants you to undergo tests or go to physical therapy, do it. Your own auto insurance company should cover medical expenses that result from the accident, up to the limit on your policy. If your treatment exceeds that limit, you can sue for the excess amount

4)
Schedule a free consultation with a personal injury lawyer. The bar association in your state can help you locate a lawyer in your area. There are many personal injury lawyers; be sure to follow up for references and look for reviews to determine the reputation and success rate of any lawyer before you schedule a consultation.


5)
Gather your records before going to the consultation. Documents might include a copy of your insurance policy, the insurance information of the at-fault driver, a copy of the police report (if there was one), and a copy of your medical records. The personal injury lawyer needs all of these to determine if you have a case

6)
Hire the personal injury lawyer if you have a valid case. You should not have to pay the lawyer unless you win your lawsuit. If you win or settle your lawsuit, most lawyers charge 33 percent of the compensation amount.

7)
Follow your lawyer's advice at all times. Your lawyer will contact the at-fault driver's insurance company and present them with a settlement demand. Negotiations will go back and forth until the insurance company makes a final offer. You can choose to accept that offer or go to court.