Why Would You Sue Your Own Insurance Company if an Accident Was Caused by Another’s Drive Negligence?

Is it ever possible you would need to file a claim with or even sue your own insurance company if you are involved in an accident where someone else is at fault?  Of course not, right?  Most people do not understand when or why you would ever have to file a claim with, or even possibly sue, your own insurance company in connection with a personal injury claim caused by someone else’s negligence.  After all, if the accident was caused by someone else’s negligence, then why would you be making a claim to your own insurance carrier under your own insurance policy or sue your own insurance company when someone else was responsible for the accident?

This question is different if you consider it from the perspective of what insurance is available to cover your injuries and damages in an accident.  Making sure to pursue whatever insurance is available to cover those injuries and damages is one of the most important things you can do for success in a personal claim or case because insurance is the low-hanging fruit when it comes to personal injury claims.  When also considered in conjunction with the sky-high rate of uninsured and/or underinsured motorists in Florida, the importance of following the insurance also becomes much clearer.  If you are injured in an accident by a motorist who is either uninsured completely or has only the state-mandated minimum personal injury protection (PIP) coverage, then the natural place to look for recovery will be your own policy’s uninsured/underinsured (UM) coverage provisions.  This optional insurance coverage is available to provide coverage for you in the event that you are involved in an accident by one of the many drivers in Florida who either carry minimal insurance or even no insurance to cover whatever damages and injuries you may have suffered as a result of that driver’s negligence.

Sometimes It’s Necessary to File A UM Claim or Even Sue Your Own Insurance Company

If the other driver in an accident in which you are injured is one of that large percentage of Florida motorists who either lack insurance altogether or have minimal insurance except the state-mandated PIP coverage, then you very well may need (and want) to turn to your own insurance.  If the other driver does not have the resources to even carry sufficient insurance or even any insurance at all, then pursuing that driver for your damages all the way through trial to a judgment likely is not worth the time, energy or expense it would take to do so.

Instead, you would file a claim relating to that accident with your own insurer under your policy’s UM coverage.  However, there is nothing that says your own insurer will be reasonable in handling that claim just because it is your insurer.  If your own UM insurer refuses to pay your full damages and losses as a result of an accident, then you would be in the position of having to file a lawsuit against your own insurer. Think of it the same way as if you had filed a claim against the negligent motorist’s insurer and that motorist’s insurer was the one giving you the runaround rather than your own insurer.

Contact Schwed Adams & McGinley

At Schwed, Adams & McGinley, our experienced personal injury attorneys have more than 150 years of experience representing the victims of motor vehicle accidents and all other personal injury scenarios in Florida.  Regardless of the insurance status of the person that hit you or was responsible for your injuries in a motor vehicle accident, you have the right to seek maximum compensation for your injuries and damages caused by someone else’s negligence from whatever sources are available, including even your own insurance.  This includes seeking recovery of those damages under your own UM coverage from your own insurer for whatever damages and injuries that you have suffered as a result of someone else’s negligence.  Our attorneys will always seek to obtain maximum compensation for your injuries, regardless of whether it is from your own insurer or the insurer of the motorist that caused your injuries and damages due to his or her negligence.  If you have been injured due to someone else’s negligence in Florida, contact the experienced personal injury attorneys at Schwed, Adams & McGinley, P.A. today at 877-694-6079 or contact@schwedlawfirm.com for a free consultation.