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How to Collect When Car Insurance Fails

Whether you were involved in a fender bender or serious crash, your injuries can go well beyond what you physically experience. Dealing with car insurance companies is a major hassle (and headache).

Anderson O’Sullivan & Associates - Car Accident Attorney Miami

If your own insurance company refuses to pay up, you are not out of options – and there is always a way to collect even if insurance refuse to help.

Go to the Other Driver’s Insurance

If another driver was involved in the accident and caused the accident, then you should be able to file your claim with their insurance company for reimbursement. Drivers are required by law to have some form of auto insurance coverage; including property damage liability coverage. So, you should be able to get a proper settlement for any damage to your vehicle.

Also Read : How Criminal Charges Can Affect Your Car Accident Lawsuit

Take Them to Small Claims

If you are only collecting a small amount of money—such as a few hundred dollars for an outstanding bill—then you may want to try small claims court. Filing a claim in small claims court allows you to take the person to court without the costs associated with a full civil lawsuit.

There is a cap on damages that can be rewarded in small claims court, so if your damages are more than the cap, you will want to speak to an attorney about a civil lawsuit instead.

Speak to a Car Accident Attorney

Sometimes the other party’s insurance will not pay or does not cover your damages. In these cases, it is best to speak to a car accident attorney. An attorney can help you not only see a settlement for the damage to your vehicle, but:

  • Lost wages
  • Medical costs including long-term recovery
  • Pain and suffering
  • Personal property damage

Your attorney will decide what strategy is right for your case based on the circumstances surrounding the accident. Some common claims they can use include:

  • Collecting based on negligence – the other driver’s negligence caused the accident and your losses; therefore, they are responsible for paying for them.
  • Collecting based on negligence due to a traffic violation. For example, the other driver ran a red light and caused the accident.
  • Breach of contract against your insurance company. If your company is violating the terms of your insurance agreement, your attorney may sue them rather than the other driver, and cite them for operating in bad faith.