Baldwin Park, CA asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California

Q: Can I sue my car insurance company?

My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more details if this seems worthy of pursuing. Thank you.

2 Lawyer Answers
James L. Arrasmith
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  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, it is possible to pursue legal action against your car insurance company if they have failed in their obligations towards you as a policyholder. If your insurance company has not fulfilled its contractual duties, such as handling claims properly, paying necessary fees, or effectively transferring the title of a totaled vehicle, you may have grounds for a lawsuit.

The first step would be to review your insurance policy thoroughly to understand the specific terms and conditions. Your policy is a contract, and the obligations of the insurance company are outlined within it. If there's a discrepancy between what is promised in the policy and the company's actions, this could form the basis of your legal claim.

It's also advisable to gather all relevant documentation, such as correspondence with the insurance company, records of the totaled vehicle, and any information related to the lien. This evidence will be crucial in building your case.

If you decide to pursue legal action, consider consulting with an attorney who has experience in insurance law. They can provide guidance tailored to your specific situation, including the likelihood of success in a lawsuit and the various legal options available to you.

Remember, taking legal action can be a complex and time-consuming process. It's important to weigh the potential benefits against the costs and time involved. Your decision should be informed by a careful consideration of all these factors.

Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: You could reach out to attorneys to try to set up a free initial consult. But in these types of cases, it isn't necessarily bad faith - sometimes, depending on the finance arrangements, it's a matter of having or not having gap insurance coverage as well as respective liabilities in the casualty. Attorneys could advise more definitively after reviewing your file, but something like this (solely PD, no BI claim) might not be handled on a contingency basis - meaning that there could be attorney fees, win or lose. Good luck

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