Insurance Companies Can Be Held Accountable
It is possible to sue your insurance company in certain circumstances. If your insurance company denies your valid claim, you can file a lawsuit against them. When insurance companies drag their feet or deny claims after years of paying premiums, you might wonder if you can sue your insurance company for emotional distress.
The fact of the matter is rather complicated. You can sue your insurance company for emotional distress, but only as a part of a bigger lawsuit. The experienced attorneys at Coker Law have put together this guide for those facing unreliable insurance companies. Contact us today for more information.
When Can I Sue My Insurance Company?
You can sue your insurance company if they wrongfully deny your claim, drag out the claim, or otherwise act negligently. There are two different types of lawsuits you can file against an insurance company. One of these two lawsuits must be filed if you want to also sue your insurance company for emotional distress.
When Can I Sue My Insurance Company for Negligence?
You can sue your insurance company for negligence if you are able to prove that they violated their duty of care to you as a policyholder.
The Legal Information Institute gives a good description of the five elements required to prove negligence.
- You must prove that the insurance company has a legal duty to you as a policyholder.
- You must prove that the insurance company breached that duty.
- You must prove that the insurance company’s actions caused harm.
- You must prove that the insurance company’s actions are the proximate cause of the harm.
- You must prove that the insurance company’s actions are the cause-in-fact of the harm.
For example, if you were in a car accident and your insurance company refused to pay your claim, you may be unable to pay for the resulting necessary medical treatment. This can then lead to further injuries or harm. There is also financial harm involved.
When Can I Sue My Insurance Company for Bad Faith?
The Legal Information Institute defines bad faith as “a dishonest belief or purpose, untrustworthy performance of duties, neglect of fair dealing standards, or a fraudulent intent. It is often related to a breach of the obligation inherent in all contracts to deal with the other parties in good faith and with fair dealing.”
You may be able to sue your insurance company for bad faith if they intentionally neglect to perform the duties necessary according to your policy. If the insurance company knows that the claim is valid but they deny it anyway, you may be able to sue for bad faith.
When Can I Sue My Insurance Company for Emotional Distress?
The Impact Rule states that emotional distress cannot be claimed if there is no physical harm. However, it is possible to get compensation for emotional distress when you sue your insurance company if you can prove that they were grossly negligent. Suing a company for emotional distress is no easy matter, and you will need an experienced attorney to guide you.
Contact Coker Law If Your Insurance Company Has Failed You
If your insurance company has failed to follow through on their duty to you as a policyholder, you have a right to be compensated. The experienced attorneys at Coker Law are not afraid to stand up to the insurance companies and get the compensation that you deserve.
If your insurance company has wrongfully denied your claim, contact Coker Law at (904) 356-6071 for assistance.
