Can I sue an insurance company for failure to pay on a stolen car claim?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue an insurance company for failure to pay on a stolen car claim?
My $50,000 car was stolen but only insured for $35,000. Now the insurance comapny is claiming that I had my own car stolen with no proof whatsoever. They are refusing to pay.
Asked on June 28, 2011 under Insurance Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may absolutely sue them. An insurance policy is a contract; if an insurer will not honor its obligations under the policy, you may sue for breach of contract to force them to pay what they should. If they can show that you did orchastrate the theft of your own car, that would be a defense to liability for them, since that would constitute both a breach of the policy on your part and also fraud. However, if this was not the case and you are confident that there is no evidence that you had it stolen, you could sue--and there are attorneys who specialize in suing insurers, who could help you--in order to force the insurer to pay, at least up to the policy limit ($35,000, from what you write).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.