insurance claim

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

insurance claim

My wife was leaving work and driving down the aisle of the parking lot where she
works towards the road. A gentlemen, was in a parking space, and as she
approached him driving in the aisle, at the moment she reached his space, he
backed out with out looking into the right front passenger side panel. A police
report was made, the office found the driver of the parked vehichle to be at
fault for the accident. We called his insurance company and filed a claim with
his insurance company. The insurance company made the decision that the fault was
50/50 and our claim will not be granted to pay for all the damage to the
vehichle. This seems completely wrong on the part of the insurance company since
all the facts point to the other driver at fault. can we sue the insurance
company to have the claim paid in full and have our car fixed.

Asked on March 25, 2016 under Accident Law, Michigan


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Although insurance companies occasionally dispute the police report, in your case it appears that the insurance company is acting in bad faith.
Although you could sue the insurance company on a bad faith claim, it may not be worth doing that since it was a minor accident.  Your best course of action would be to sue the at-fault driver for negligence.  
If you do want to pursue a bad faith claim against the insurance company, prior to doing that, it would be advisable to file a complaint against the insurance company with your state's insurance commissioner.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption