How do I go about sueing a insurance company for refusing to pay

UPDATED: Sep 30, 2022

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How do I go about sueing a insurance company for refusing to pay

I had full coverage and when my vehicle
was set on fire they refused to pay me
and my coverage was in good standing for
another 3 months and they keep putting
my matter to side

Asked on July 5, 2017 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The advice you've received is the best advice: there are attorneys who specialize in holding insurers accountable, and one of them can certainly help you.
If however you don't want an attorney--or the matter is not economically worth hiring one (e.g.  was an older vehicle, and worth, say, $5,000 or less--you are allowed to sue the insurer yourself. You would file a lawsuit in county court against the insurer (not the agent or broker--the insurance company itself) for "breach of contract," or for violating their contractual obligation (since an insurance policy is a contract) to pay out your claim. To win the lawsuit in court, you would have to prove that you had the relevant coverage (which you can do with your insurance policy), that you were paid up on it (which you can do with cancelled checks or other proof of payment), and the facts of this fire; if you can show they should have paid, you can get a court judgment requiring them to do so. You can get information about filing suits from the court's clerk's office or online from the court website.

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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