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Pedestrian Accidents: Can You File a Lawsuit Against an Insurance Company?

After a pedestrian accident, you are already dealing with a lot. After you’ve been hit by a car, you generally file a claim with the driver’s insurance company. You may also hire a lawyer to make sure that you’re awarded compensation. What happens if you don’t receive compensation, however? Sometimes, even if you take it to trial, the insurance company may refuse to pay. Do you have a lawsuit against the insurance company? The answer may be more complicated than you think.

Can You Sue an Insurance Company?

After an accident, the parties do not usually sue each other’s insurance companies. If you’ve been hit by a car, you are filing a lawsuit against the driver, not his or her insurance company. Insurance policies are a contract between the insured and the insurer. Most of the time, the insurance company will pay some of the damages that the driver owes you. If the insurer does not pay when there is a valid claim, the insured sues for bad faith.

Since you do not have a contract with the insurer, they do not have a duty of good faith towards you. However, in some states, there may be exceptions to this rule. You need to pay close attention to your state’s laws or contact an attorney for information to find out if you can sue the company and have the bad faith lawsuit assigned to you.

Do You Need an Attorney?

You should always hire an attorney if you plan to file a lawsuit. An attorney will help you figure out if you have a valid claim. When it comes to lawsuits after a pedestrian accident, your lawsuit will initially be filed against the driver, not the insurance company. If the insurance company does not pay, then you can discuss options. Given that it’s up to state’s laws and it’s not a usual case, you will want an attorney to help guide you through the process. Attorneys have an interest in fighting cases that can win. They will not lead you into a lawsuit you can’t file.

To sue another driver’s insurance company is not typical. Usually, the insured sues their insurance company for bad faith, but there are some exceptions to the rule. After being struck by a car, you probably are owed damages. Most states recognize the driver as being at fault in most pedestrian accidents. To find out what you can do about your case, contact a pedestrian accident lawyer right away for more information about what steps you should take.

 

Source: Pedestrian Accident Lawyer in Salt Lake City, UT, Rasmussen & Miner

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