2007-03-22 14:02:14 · 6 answers · asked by Anonymous in Business & Finance ➔ Insurance
Anyone can sue anyone for anything. What a great country!
You didn't give any details of what you are suing them for so it's impossible to answer your question as to my opinion of whether or not you'll prevail.
2007-03-22 22:30:09 · answer #1 · answered by Faye H 6 · 3⤊ 0⤋
It depends...
Insurance companies are immune to "third party" lawsuits.
So, lets say you hit your neighbor's car, but the neighbor didn't get what they thought they should get.
You sue your insurance company saying that they did not fully insure you, and left the injured party unjustly compensated, thereby failing to fulfill YOUR responsibilities under the law.
You may be right, but the suit would be thrown out. Your neighbor would have to sue the insurance company...or YOU. Then your neighbor would take you to court, and your insurance company would be obliged to defend you to the limits of your policy.
Now, if your complaint is directly between you and your insurance company, by all means, sue them and do it in small claims court.
Do you know what it will cost them to send one of their high-priced lawyers to defend you?
Once you serve them with official papers that you have filed suit expect them to settle.
SUGGESTION:
You cannot claim pain and suffering or punitive damages in small claims court.
HOWEVER, you CAN sue for the max amount allowed (in some states $2,500.00.
If they do not offer to settle, or do not settle before court (AND you send them a letter suggesting a settlement conference) then tell the judge that when you go to court.
However, small claims court is fairly cut and dried. If you are claiming that something that was damaged was worth more than what you claimed, don't bother. It will cost you more than $500.00 for your time, your trouble and having an expert write a report for you.
2007-03-22 14:05:32 · answer #2 · answered by gordios_thomas_icxc 4 · 2⤊ 1⤋
Sure, you can sue anyone in the US, for anything, and $500 should be under the small claims court limit.
Will you win? Well, that's another story!! Who knows. There aren't any details here.
2007-03-22 14:26:53 · answer #3 · answered by Anonymous 7 · 0⤊ 0⤋
You can't sue the agency, you have to sue the company that wrote the policy. But you have to read your policy first because it most likely has a clause stating you can not bring any legal action against them.
2007-03-25 16:14:04 · answer #4 · answered by bundysmom 6 · 0⤊ 0⤋
Yes.
2007-03-22 14:19:50 · answer #5 · answered by Crighton 3 · 0⤊ 0⤋
Is this over what they've paid out in a claim? Please give more details.
2007-03-22 14:12:22 · answer #6 · answered by Jessica S 3 · 1⤊ 1⤋