How do I go about suing my insurance company?

UPDATED: Oct 1, 2022

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How do I go about suing my insurance company?

I was in an accident 2 months ago and it’s been a nightmare dealing with them. People are refusing to call me or answer the phone. Then my adjuster started yelling at me. I have had to threaten getting a lawyer. It’s been one thing after another. I don’t know how to go about this.

Asked on February 20, 2018 under Insurance Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You draft a summons and complaint against the insurer, for "breach of contract": for violating their obligation to pay your claim under the terms of their policy (since insurance policies are contracts). You have to look who their official "registered agent for service" is--that is, the person or busness legally authorized in your state to receive lawsuits on their behalf--and serve (have the papers delivered to) that person according to the court rules. (You can generally find the court rules for your state online.) You should be able look up the registered agent on your state's "department of state" or "secretary of state" website. Note that if the registered agent is not located in your county, you probably cannot sue in small claims: small claims court is typically local. You would have to sue in regular county court, which is more expensive and complex, and follow the rules for it, including the rules for service.

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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