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How to Sue Your Insurance Company and Win

9/23/2021

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While we trust our insurance companies to protect us and look out for our interests, sometimes that trust is betrayed. If you have been burned by an insurance company in a real way, you do have the choice to take legal action. Seeking justice is possible if you have time, patience, and the right attitude to see it through.

Collect Enough Evidence

The first thing you should do if you want to win your case is to gather your evidence. This could include correspondence by way of email or notes from phone calls, any accumulated bills or notices in the mail, and payment receipts. This evidence will help you build a timeline to tell the story of what transpired between you and the insurance company. Be sure to also have copies of your insurance policy on hand. Keep all of this evidence collected in one, organized physical or digital location for ease of access and sharing.

Don’t Try to Win Alone

It can be a huge challenge to try and fight and win your case on your own without good representation. You can increase your chances of winning a settlement with an attorney representing you. Do some research on who the top attorneys are in your area who represent clients on your type of case, or ask family and friends for recommendations. Be selective to see who is really there to represent you and get you the best outcome. The process of suing an insurance company can be long and arduous, but working with a lawyer who you respect and trust will be a huge asset to you in streamlining the process. 

Be Prepared for Fees

In addition to paying your lawyer to represent your case, you may also need to pay a filing fee in small claims courts. These fees vary based on your location, and your attorney should be able to help you understand these fees and when they need to be paid. Once the lawsuit is prepared and filed, you will also have to pay serving costs, which is when you notify the insurance company that they are being sued.

As you go through this experience, be sure to also keep records of documents you receive during the review process. Successfully suing an insurance company can take a significant amount of time, so try and be patient and lean on your support system throughout. Receiving justice will be all the more rewarding once you have made it to the other side having done all the right things.

Read this next: How to Pay for Healthcare Costs in Retirement

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    Author

    My name is Dan Hopwood and I first started my career in the insurance business back in 1988.  2023 will be the start of my 35th year in the business. 

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