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This is amazingly a more common question then one mightthink. There are a few reasons one mightchose to pursue suing their car insurance company, but the most common reasonis that your insurance company is refusing to pay damages incurred in a caraccident (possibly you had limited collision coverage).
So in a nut shell, here is the answer. You can sue anybody you want in small claimscourt. However there is no guarantee youwould get the money you want and it may cost you more then you'd like to payout. It really depends on what kind ofcoverage you have. If you have minimumcoverage and you are at fault for the accident the car insurance company doesnot have to pay and it would absolutely not be worth it to sue them. However if you have limited collision and youfeel you were less than 50% at fault (even if the car insurance company thinksotherwise), it is your right to have it determined by a judge and jury. If you want to sue for other reasons then theabove stated, you would have to show enough reasons that the car insurancecompany was at fault or negligent.
Now if you decide that you are willing to sue the carinsurance company, there are a couple of steps to take.
More than likely if you follow these two steps your problemwill likely be solved without having to go to court. However, if your problem is bigger and moreserious than by all means take them to court. Just make sure you are well informed on your rights and legalresponsibilities.
Picture this. You've had the same car insurance company for years. You've never had an accident. You've never even had a speeding ticket! Your car is number one on the safety ratings and you've added some extra security features to make sure it stays that way. There isn't a discount that you don't qualify for, and you've never had to file a car insurance claim in your life.
In other words, you're the insurance agent's best friend!
Then, one day, you just happen to be in the wrong place at the wrong time. You're driving down I-95 in the middle of the pouring rain, following just a little bit too closely since the guy in front of you has no idea how to drive in the rain and has slowed down to a crawl, when suddenly he hits his brakes. You hit yours, but there's not enough time. You go sliding into his back bumper.
Just a fender bender, right? Not exactly. That fender bender can cause your car insurance rates to go up by 40% or more, even if it's the first accident you've had in 30 years! That's why it's important to know who to talk to about accident forgiveness.
First and foremost, let's take a quick look at what accident forgiveness is-and what it isn't. See, with the number of car insurance companies currently doing business in the United States and competing for the same client pool, insurers have to come up with something new and exciting to lure in new business. Accident forgiveness takes them out of the "traditional" viewpoint of the money grubbing insurance agency and places them firmly in the business of handing out second chances.
When your accident is "forgiven" it won't impact your rates (or if it does, it definitely won't be by 40%); however, forgiven doesn't mean forgotten. You're still going to carry that black madgrk on your driving record, which may impact your car insurance rates if you decide to switch insurance carriers, and while you may get a second chance you're unlikely to get a third. Remember to slow down in the rain!
Accident forgiveness is usually exclusively reserved for drivers with a five year good driver record, so if this isn't your first rodeo you probably aren't going to be able to do much about it. Some companies also ask that you maintain your policy for at least three months before cashing in on your accident forgiveness (esp. if it's not a standard part of their coverage policy but, rather, something you're paying for out of pocket). If you're not sure where your eligibility for accident insurance is, make sure you talk to your car insurance agent as soon as possible.
Accident forgiveness can be the answer to your prayers when you've been in an accident, especially if it's your first. Take five minutes out of your busy day to find out where you stand. Remember, you have nothing to lose and everything to win.