Can I sue my car insurance company for taking to long to fix my vehicle?

UPDATED: Sep 30, 2022

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Can I sue my car insurance company for taking to long to fix my vehicle?

It’s been 31 days and they haven’t started to fix it.

Asked on May 1, 2017 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Assuming that under the terms of your insurance policy, which is a contract, this damage is covered and the insurer has to repair (or pay to repair it), then if they do not, you could sue them for "breach of contract": that is, for violating their contractual obligation to pay or repair under the circumstances (e.g. given the facts of the claim). If the amount at stake is less than the limit for small claims court, suing in small claims court, as your own attorney ("pro se") to minimize legal fees, may be a very good option. A lawsuit is how you enforce contractual obligations, when the other side will not do what it is supposed to.
There is no hard-and-fast or objective rule about when they have taken too long, but if they will not even respond to you, they seem to be showing bad faith: it may be time to file suit, or at least to send them a letter, sent some way you can prove delivery, that you will sue unless they address the situation.

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 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.

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