As lawyers who sue insurance companies on behalf of policyholders, we get asked these questions often; “What happens if my insurance company doesn’t pay“, or “Can I sue my own insurance company? We will pursue your insurance claim for you against your own insurance company, and yes, you can sue your own insurance company.
This scenario arises most often in the context of underinsured/uninsured motorist coverage disputes and homeowner’s insurance coverage disputes. In the underinsured/uninsured motorist coverage dispute scenario, a policyholder has been paying their policy premiums to their insurance company like GEICO, State Farm or Allstate for insurance benefits in the event that they are in an auto accident and the at-fault party does not carry adequate insurance or is completely uninsured. Most drivers believe that because they have UM coverage, their insurance company will take care of their personal injury damages without question. Unfortunately for policyholders in the State of Florida, insurers like GEICO, State Farm or Allstate, fight tooth and nail to not pay their own policyholder’s UM benefits. Many of our clients have never been in a scenario like this before and as such, are absolutely dumbfounded and shocked by their own insurance company’s not paying benefits due and owing. This exact scenario is why hiring an attorney for your UM case is imperative.
In the context of homeowner’s insurance coverage, many policyholders do not realize that they are able to challenge decisions made by their own insurance company. For example, if you have suffered a water loss as a result of a broken water line or plumbing fixture, most people file an insurance claim with their homeowner’s insurance company. The insurance company will send out one of their field adjustors to determine the scope and value of the loss. Obviously, this individual is working for the insurance company and does not have the policyholder’s best interest at heart. Many homeowners get a paltry payout for substantial water damage and think they are not able to get a second opinion or that they are unable to challenge their own insurance company. This couldn’t be further from the truth! In this scenario, quickly getting an experienced attorney involved to act as your advocate in securing the appropriate amount of insurance coverage is imperative. While immediately filing a lawsuit against your insurance company is not necessary, insurers like Tower Hill, Florida Peninsula, Universal, and Citizens engage in dilatory tactics and oftentimes are simply unresponsive to any settlement overtures and therefore force their own policyholder into filing a lawsuit to protect their interest and their most valuable asset, their home.
In the homeowner’s insurance context, when a policyholder sues their own insurance company and obtains a judgment against their insurance company, the homeowner’s attorney’s fees are paid for by the insurance company and this is not only a way in which the homeowner has the best chance of being made whole, it also acts as a negotiation tool during litigation because insurance companies know that they do not want to be on the losing side of a Breach of Contract lawsuit related to their failure to pay insurance benefits to their own policyholders.
Whether you have an underinsured or uninsured motorist claim, or a homeowner’s insurance company not paying you what you are rightfully owed, Jonathon Douglas is an experienced lawyer who sues insurance companies on behalf of you, the policyholder. If you or a family member has any questions with regard to what type of insurance coverage you have, either on your automobile or your homeowner’s insurance, please contact me for a free insurance review and consultation.
One of the worst situations that we see in our practice is when a person or family member is severely injured in an automobile accident or has a severe property damage claim to their home and are not adequately protected by insurance. While we become our client’s greatest advocates in their fight against their insurance company, if there is no insurance to cover a particular loss or not adequate insurance, oftentimes these results are a major financial burden. This is why we take pride in educating anyone we can regarding insurance coverage and the applicability of the laws in the State of Florida related to same.
We look forward to helping you and your family members navigate the potential pitfalls of UM insurance coverage and homeowners insurance coverage.