While no one wishes for them, car accidents happen, and they happen a lot. Apparently, they happen even more in Nevada, which in turns causes the car insurance costs to be way higher than in other areas. And since these happen a lot, your insurance company is probably looking for ways to get out of paying for the full amount, while you naturally look for ways to make them pay, because it wasn’t your fault.
This kind of dispute usually arises when the other driver (who was at fault) doesn’t have enough auto coverage to cover the damages, or when the insurance company simply refuses to pay the damages you think they owe you. Unfortunately, solving such a dispute requires a bit more than just being right, so talk to your lawyer if you have one and also take a quick look at our round-up on the matter so you can get a better understanding of the situation.
What Happens When the Insurance Company Won’t Pay
Even if you’re in a situation where the other driver doesn’t have enough insurance to cover your damages, then your own insurance company is supposed to provide the difference remaining. But sometimes, the company may just refuse to pay. Even in this case, you still have options left. First of all, get a lawyer and see what he or she has to say about your case. There are multiple ways to go: you can either sue the other driver involved for damages (for not carrying enough insurance to cover the damages they caused), or sue your insurance company.
You’ll find that most lawyers either work out a win-win proposition (they only get paid if they win your case), while others charge a flat fee from the start just for taking the case. Then, most lawyers will try to mediate / reach a settlement with the other party involved before taking the case to court, and this is indeed desirable since it’s the less costly option for everyone involved.
Can You Win Against Your Car Insurance Company?
If you’re suing your insurance company, you need to realize that they’re not refusing to pay because they’re out to scam you; but they do look out after their own interests and they believe that you’re not in right, or in legal terms that you don’t have a case. Since before the court itself, usually, there’s a preliminary stage when your lawyer meets with their lawyers to try to work something out, now is your best chance. Your lawyer needs to convince them as early as possible that you actually do have a case. This way, you may elude the messy trial and reach a settlement or get them to cover the damages early on.
If this stage also failed, the next step is the court itself. The good news about this is that people in the right usually win this kind of trials. The bad news is that even if you win, the other party may just decide to not pay you and they can’t really be forced to. There are simply some individuals who don’t have enough official income or assets to pay for damages or who just flat out refuse to pay indefinitely. However, this kind of risk is only real when you’ve sued the other driver or a private person; when dealing with companies the risk is minimal because if you won, they surely don’t want the bad publicity of refusing to pay up.
So cheer up, hire a lawyer and do your research, you may still win against your car insurance company if you’re in the right.