CALIFORNIA CAR INSURANCE ATTORNEY

In some cases, litigation can be the only way to get justice with an auto insurance claim. If your car insurance or the insurance company of the at-fault driver is dragging its heels and tries to deny or minimize a claim, you could have a case. Since car insurance lawsuits can be challenging to prove, consider seeking legal advice from a car insurance attorney who can investigate your case, gather evidence, and help you build a comprehensive case.

Knowing how much time you have available for suing an insurance company can be tricky in California, as it depends on the type of claim you are bringing. 

Tort Claims

According to the California Code of Civil Procedure section 335.1, you generally have two years to file suit if you are filing a case to recover damages for a personal injury. The time starts ticking down on the date your claim was denied in bad faith.

Breach of Contract Claims

If your case is a breach of contract claim, you can generally file suit within four years of the bad faith denial of your claim, as per California Code of Civil Procedure section 337.

Not all claims are denied or minimized due to the bad faith of an insurance company. There can be some reasons why an insurer might legitimately deny a policyholder’s claim. 

Your Damages Are Not Covered in the Policy 

Car insurance policies are individual. Some coverage, such as the uninsured motorist clause, is optional. If your insurance policy has certain exclusions or you only have limited coverage, you may not be entitled to the same benefits as others. A claim denial could be legitimate. However, to ensure that your claim was legitimately denied, consider consulting with an attorney who can review your policy.

You Were Breaking the Law 

In many cases, an insurance company is within their rights to deny a claim if you violated federal or state law in an accident. Violations can include driving without a license or driving while under the influence of alcohol or drugs, as well as others.  

Other Reasons Why Your Claim Might Be Denied

An insurance company might allege that the accident was avoidable or that your claim is fraudulent. Issues that insurance companies could flag up:

• You failed to report an accident to the police or your insurance immediately
• You failed to seek prompt medical attention and later claimed damages relating to injuries

Some insurance companies will try to pay as little as possible and try to dig up whatever they can find to minimize your claim, even if you have a legitimate claim. An experienced car attorney can be in your corner and defend your best interests against an unethical insurance company.

It is not unusual for insurers to try and deny claims or make unacceptable lowball offers to protect their profits. However, our experienced attorneys can protect YOU. You don’t have to try and stand up against a powerful insurance company and its lawyers by yourself. Let some of the best car insurance attorneys in California work in your best interests.

Being in a car accident is stressful enough. Having to then haggle over every dollar with an insurance company can be hugely frustrating. It does not have to be this way. Morgan & Morgan’s tenacious attorneys have protected individuals from getting short-changed by insurance companies for decades. We could help you too. Contact us now for a free consultation to find out if you have a case.