Going to Court for a Car Insurance Claim

You can go to court over a car insurance claim if your appeal is denied. Make sure to file within your state's statute of limitations.

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Zaneta Wood, Ed.S. has over 15 years of experience in research and technical writing bringing a keen understanding of data analysis and information synthesis to reach a wide variety of audiences. She studied adult education and instructional technology at Appalachian State University as well as technical and professional communication at East Carolina University. Zaneta has prepared technical p...

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Joel Ohman is the CEO of a private equity backed digital media company. He is a CERTIFIED FINANCIAL PLANNER™, author, angel investor, and serial entrepreneur who loves creating new things, whether books or businesses. He has also previously served as the founder and resident CFP® of a national insurance agency, Real Time Health Quotes. He has an MBA from the University of South Florida. Jo...

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Reviewed by Joel Ohman
Founder & CFP®

UPDATED: May 25, 2020

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Here's what you need to know...

  • It is possible to be taken to court by your insurance company and to take your company to court over a claim
  • In most cases, if you take your insurance company to court, you will end up in small claims court
  • People sue others because they do not have coverage, so be sure to purchase coverage before getting behind the wheel

It is possible to go to court over car insurance.

You can go to court if you do not have car insurance, and you can also take your insurance company or the other driver’s insurance company to court due to a claim involving an accident.

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If you have to go to court, you should always seek legal advice.

Accident lawyers, personal injury lawyers, or auto insurance lawyers are going to be the most knowledgeable in these situations.

Can I go to court if I do not have car insurance?

Each state mandates a minimum amount of car insurance. You can review the requirements at your state’s Department of Motor Vehicles website.

The first thing you will have to do after getting in an accident without car insurance is to go to court to prove that you have since obtained car insurance.

In addition to paying for new car insurance, you will also be responsible for court costs, fines, possible driver’s license suspension, and lawsuits.

A worst-case scenario is that you can actually be put in jail by the judge if you do not have car insurance.

Also, lawsuits can result if you were in an accident and the other driver decides to sue you. If you do not have insurance, you will be financially responsible for the damages, possible medical expenses, or pain and suffering.

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Can I take my insurance company to court over a claim?

You can take your car insurance company to court over a claim.

The dispute may be because of denial of a claim, or it may be because they did not pay enough of the claim, or it could be because you are asking for additional damages to be paid.

If your claim is denied, you should first try to appeal it with the insurance company.

If this appeal is not successful, you may have to go to court over the claim denial.

If the settlement payment was insufficient and you refused the amount, you will have to take the insurance company to court.

If you are asking for additional damages to be paid due to medical expenses, loss of wages, or pain and suffering, you have the right to take your insurance company to court.

The amount of the claim will determine what type of court you will go to, but small claims court is the most common. Small claims courts decide on disputes under $5000.

If the amount is over $5000, and there are injuries involved, you may find yourself in tort and personal injury law court.

You may or may not go to trial, depending on whether the claim can be settled out of court between the insurance company or companies, lawyers, and the policyholder.

You can expect settlements and rewards to include the costs of car repairs, medical bills, payments for missed work, and monetary rewards for mental anguish or pain and suffering.

Each state has different laws on the amounts that can be awarded and whether or not you can sue your own insurance agency or the other driver’s.

Many of these laws depend on who was at fault and whether the other party had insurance.

What are the statutes of limitations on taking an insurance company to court?

Each state has its own determined statutes of limitations for taking an insurance company to court. If you pass the time that the states allow for filing a lawsuit, you will miss out on an opportunity to dispute your claim or receive compensation.

Your insurance policy may also mandate the amount of time you have for filing claims or lawsuits.

It is very important to review your policy or the other driver’s policy so that you can be sure to file the suit within the designated time frame.

Often, the established times may contradict themselves, so be sure and pay attention to the shortest time in order to protect yourself.

If you need additional information regarding your insurance policy and how to file claims, visit the Insurance Information Institute website.

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