Chattanooga Personal Injury Attorneys

Do I Need a Lawyer to Sue the Insurance Company?

Do I Need a Lawyer to Sue the Insurance Company?

An insurance policy is a legal contract between an insurance company and its policyholder. This contract contains specific terms for both parties. If you believe that your insurer is in violation of the terms within your policy, such as failure to pay valid claims, you have a right to sue for damages. But do you need a lawyer to sue the insurance company?

Bringing a lawsuit against your insurance company is a complicated process that should not be undertaken without the help of skilled legal counsel by your side. Each state has a complex set of laws regulating the insurance industry, and in-depth knowledge of these laws and statutes is critical to know which type of lawsuit to file and what process to follow.

In Tennessee, an injury victim is generally not permitted to sue their insurance company directly, except in extreme situations. Violations of contract terms, acting in bad faith, and failure to pay valid claims are examples of situations in which you may have cause to sue your insurance company.

But proving that your insurance company acted in bad faith or breached contract terms can be quite challenging. An experienced TN insurance lawyer will evaluate your case, determine fault, and gather the evidence needed to substantiate your claim. When you sue the insurance company for these violations, you may be able to obtain substantial compensation for medical bills, lost wages, and even emotional pain and suffering. Contact our insurance lawyers today for assistance.

Suing Your Own Car Insurance Company After a Car Wreck

Motor vehicle accidents are a leading cause of accidental injury and death in Tennessee, and nationwide. We carry auto insurance so that, in the event of an accident, we will be covered for any damages incurred. But that doesn’t mean that insurance companies are happy to write a big check every time one of their policyholders files a claim. Quite the opposite, in fact. Insurance companies are notorious for denying initial claims and low-balling claimants, especially those who come to the table without legal representation.

Car accident injury victims are usually in an extremely vulnerable state; missing work while medical bills pile up, they are often eager to take the insurance company’s first offer so that they can pay their bills and move on with their lives. Unfortunately, this first offer may be thousands less than the injury victim actually deserves. A Chattanooga car accident attorney understands how the big insurance companies think and will negotiate for the maximum settlement possible.

Sometimes the insurance company’s actions are more than just unfair, however. If your insurance company violated the terms of your contract, you may be able to sue for damages. To give yourself the best chance of a favorable outcome in a lawsuit against your own car insurance company, it is critical to gather as much information and evidence as possible.

It is your responsibility to notify the insurance company that you plan to bring a lawsuit against them. Once this has been done, the next steps are to:

  • Obtain a detailed insurance policy from the insurer;
  • Send a letter to the insurance company requesting a written explanation as to why your claim was denied;
  • Send a payment demand letter to the insurance company, giving them a reasonable timeframe within which to respond to the demand; and
  • File a civil lawsuit against the insurer if they fail to properly respond to the demand for payment.

Your attorney can help you to sue your insurance company, as well as negotiate for the maximum settlement, and/or fight tirelessly to protect your rights and obtain the compensation you deserve in court.

The Settlement Process

If you have been injured due to the negligent, reckless, or careless actions of another, you may be able to obtain compensation for damages suffered. In many cases, your attorney can help you obtain a pre-trial settlement from the at-fault party’s insurance company. The settlement process typically involves the following steps:

  • The accident victim obtains medical treatment for any injuries suffered;
  • The victim receives a letter from the at-fault party’s insurance company, stating that they are investigating the claim, and requesting your statement and medical records. Do not comply with this request before speaking with your lawyer;
  • The victim or the victim’s loved one hires a car wreck lawyer;
  • The attorney reviews the victim’s case, determines fault, gathers important evidence and documents to substantiate the victim’s claim, calculates damages, and negotiates with the insurance company for the maximum settlement.

This process requires your strict compliance with the insurance company’s rules, such as notifying them of an accident and responding to requests in a timely manner. If you fail to adhere to any part of this process, the insurance company will likely deny your claim. Shouldn’t you be able to hold the insurance company accountable in the same way if they don’t follow the rules? A Chattanooga personal injury lawyer with specific experience handling motor vehicle accident claims and lawsuits can help you determine how to proceed.

Suing The At-Fault Driver After a Car Accident

Auto insurance is designed to cover damages in an auto accident, and the at-fault driver’s insurance company will likely offer you a settlement in exchange for you not suing their policyholder. But if you cannot reach a reasonable settlement in a car accident case, you will sue the at-fault driver, whose insurance company’s lawyer will defend their insured.

By settling, the insurance company avoids the cost and time of defending their insured at trial. Because settling is typically in the best interest of all involved parties, the need to sue the at-fault driver directly is rare.

If the other driver isn’t insured, you can sue them directly—in theory—but keep in mind that someone who is driving without auto insurance isn’t likely to have the money needed to resolve a lawsuit. In cases of uninsured or underinsured drivers, you may have to file a claim under your own auto insurance policy.

Contact Dennis and King Today

If you have been injured in any type of motor vehicle accident, the skilled legal team at Dennis and King can help. We will review your case to determine the best legal strategy and ensure that you fully understand your rights and options before moving forward. If necessary, we will assist you to sue the insurance company. Our experienced, knowledgeable injury lawyers have successfully represented countless clients in auto accident cases, including those involving lawsuits against the insurance company. If your insurer has violated the terms of your policy in any way, we can help. Call Dennis and King today at (423) 892-5533 for a free and confidential strategy session regarding your case.

By |2023-07-18T13:59:14-04:00June 29th, 2021|Accidents|0 Comments
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Personal injury 

In almost all personal injury claims, insurance companies will offer you significantly less than what you deserve. It’s tempting to accept the first offer, especially if you are in a great deal of pain and unable to return to work. But if you’ve already taken a devalued settlement from the insurance company and your medical bills start to pile up, there’s little legal recourse to ask for more. That’s why it’s crucial to involve a Chattanooga personal injury lawyer before you even file a claim.

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Car Accidents

Chattanooga car accident lawyers Tricia Dennis and Russell King have recovered millions of dollars in Georgia and Tennessee for car and motor vehicle accident victims like you.  If you or a loved one has been injured and need help with your medical bills, then you have come to the right place.   Auto accident victims and their family members in East Tennessee and North Georgia can confidently rely on the experienced auto accident attorneys at Dennis and King. We are the law firm that has compassionately, yet effectively, helped victims and their loved ones navigate the aftermath of difficult situations.

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Trucking Accidents

Truck accidents in the United States are on the rise. Recent statistics show that almost 150,000 people are injured in truck accidents each year, and 6,000 people are killed. The regional area of Georgia and Tennessee is a crossroads and a center for car manufacturing, river traffic, and other industries. Large trucks, semi-trucks, 18-wheelers, and other commercial vehicles are constantly on the road. This has a downside as frequent truck accidents occur on I-75, I-24, I-59, Highway 153, U.S. 27, Amnicola Highway, Corridor J, and other roadways. If you or a loved one has been injured in a Georgia or Tennessee truck accident, you may be eligible for substantial compensation.

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Motorcycle Accidents

Experienced Chattanooga motorcycle accident lawyers Tricia Dennis and Russell King are avid fans of motorcycles, but they also realize how serious motorcycle accidents can be. With over 75 years of combined experience, Dennis and King Injury Law knows the legal process to achieve fair compensation for motorcycle crash victims. Contact one of our lawyers today to learn more about how to start your motorcycle accident claim.

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ATV Accidents

Under both Tennessee and Georgia law, ATVs are not authorized for use on paved road, but children continue to bring ATVs on to our roads and highways. Georgia and Tennessee laws also prohibit the carrying of passengers on most ATVs, require children below the age of 16 to take approved ATV training courses, and require kids younger than 16 to wear helmets, eye protection, and over-the-ankle boots when operating ATVs. However, these requirements apply only when ATVs are operated on public lands, leaving kids essentially without protection when riding ATVs on private property.

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Bicycle Accidents

The most tragic type of bicycle crash is a bike-car collision. Cyclists are completely defenseless traveling on 30-pound bikes when they’re surrounded by 3,000-pound cars and trucks racing by them. Pedestrians, defective bike parts, recalled bike helmets, and other ineffective bicycle safety equipment can also cause bicycle accidents. Bike accidents can result in wrongful death or serious injuries such as broken bones, amputation, traumatic brain injury, neck, back, and spinal cord injuries.

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Boating Accidents

One of three factors usually cause boat accidents: an inexperienced boater, an intoxicated operator, or a boat malfunction. More than a third of both fatal and non-fatal boat accidents are alcohol-related. It is estimated that boat operators with a blood alcohol content of .10 or higher are 10 times more likely to be injured or killed in a boat accident than sober operators.

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Nursing Home Abuse

No one ever expects a family member or friend to be the victim of abuse or neglect in a nursing home. However, abuse and neglect do occur every day and in many ways.

Dennis and King are Chattanooga nursing home abuse attorneys who will fight to recover all that you and your loved one deserve. With our experience in nursing home negligence matters, we thoroughly and carefully assess each individual case. We prepare each case for either settlement or trial in order to obtain compensation for injury, medical expenses, and pain and suffering. We help victims and their families hold these facilities accountable.

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Premises Liability

Premises liability is a vital facet of personal injury law, placing responsibility on property owners for maintaining a safe environment. When accidents occur due to negligence or hazardous conditions on someone’s property, victims have the right to seek compensation. This encompasses incidents like slip and falls or inadequate security leading to assaults. Dennis and King excel in handling these complex cases, tirelessly pursuing justice for our clients.

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Free Strategy Session

During your initial strategy session, we will assist you in creating a strategy in how to best pursue your claim, whether it be the result of a car accident claim, 18 wheeler injury, or, other kind of personal injury claim.

There are 5 points to your free claim strategy session:

  • First, we will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information you provide, we will give you our best advice on both what claims you have and the next steps you should consider to go forward with your claim.
  • If you claim is something that we think we can help you with, we will explain the services that we can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that we do not think we can help you with, then we will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unknowns that you may be experiencing. We will start to shed light on what you can expect and how to best pursue the benefits you deserve.