How to Sue an Auto Insurance Company
- 1). Keep detailed notes of all interactions with the insurance company. Though most companies will forbid you from recording the conversation, write down the substance of every contact.
- 2). Continue medical treatment until your physician lists you as having made "maximum medical improvement." This may mean a full recovery, or it may mean a permanent disability. If the latter, take it into account when seeking damages.
- 3). Consult with a personal injury attorney. You can find them via advertisements in the phone book, on billboards, on the Internet and on television. Work with one who will take a percentage of the final settlement or judgment. This means you won't spend money during the lawsuit and will spend nothing if you don't get paid.
- 4). Negotiate a settlement with the insurance company. Since actual court trials are expensive, many companies agree to settle out of court. If the company does not offer a suitable settlement, your lawyer files papers for a lawsuit.
- 5). Be prepared for a lengthy process of pretrial meetings, depositions and interviews. At any time during this process, the insurance company may come forward with another settlement offer. Consider each of these offers as the process moves forward.
- 6). Present yourself as professionally as possible during the trial. Wear formal clothes, keep your temper while giving testimony and act appropriately as the trial proceeds. At the end of the trial, the judge or jury hands down a judgment as to whether the insurance company must pay you and how much.
Source...