Can an accident victim file a lawsuit if an insurance company denies their claim?

Yes, you can file a lawsuit if an insurance company denies your claim. The insurance company may try to convince you that you can’t sue. Some examples of things the insurance company adjustor or representative may say to try to convince you that you can’t sue are:

  • It’s too late to file a lawsuit.
  • Your injury isn’t serious enough or isn’t over the threshold.
  • Suing is too expensive. It isn’t worth it to you.
  • Your insurance rates will go up if you make a claim or start a lawsuit.
  • You don’t need to sue, we’ll give you a fair settlement.
  • It is ‘no fault’, and therefore you cannot sue.

Don’t accept any of these statements. Find out what is in your best interest. Consult a lawyer.

There are a lot of misconceptions about consulting a lawyer. Some of them include:

If you hire a lawyer you have to file a lawsuit.
This is not true. Most personal injury claims settle without going to court.

You will get a bill from the lawyer anytime the lawyer meets or talks to you.
This is not true. Many lawyers do not charge for the first meeting. I myself do not charge for the first meeting and will also answer your question if you contact me through my website or blog.

You will be better off without a lawyer. Or, after paying your lawyer, you will be left with almost nothing.
If that were true, lawyers wouldn’t be in business for very long.

You will have to give the lawyer money up front or the lawyer won’t take the case.
Also not true. In most personal injury claims, car accident claims, disability claims, no fault insurance claims and slip and falls there is no money paid up front. The lawyer handles the claim on a contingency fee basis.

Be smart – find out your rights before you decide what to do.