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Hamilton Personal Injury Lawyer » Ask Rhona

Can an accident victim file a lawsuit if an insurance company denies their claim?

01.05.09

Yes, you can file a lawsuit if an insurance company denies your claim. The insurance company may try to convince you that you can’t sue. Some examples of things the insurance company adjustor or representative may say to try to convince you that you can’t sue are:

  • It’s too late to file a lawsuit.
  • Your injury isn’t serious enough or isn’t over the threshold.
  • Suing is too expensive. It isn’t worth it to you.
  • Your insurance rates will go up if you make a claim or start a lawsuit.
  • You don’t need to sue, we’ll give you a fair settlement.
  • It is ‘no fault’, and therefore you cannot sue.

Don’t accept any of these statements. Find out what is in your best interest. Consult a lawyer.

There are a lot of misconceptions about consulting a lawyer. Some of them include:

If you hire a lawyer you have to file a lawsuit.
This is not true. Most personal injury claims settle without going to court.

You will get a bill from the lawyer anytime the lawyer meets or talks to you.
This is not true. Many lawyers do not charge for the first meeting. I myself do not charge for the first meeting and will also answer your question if you contact me through my website or blog.

You will be better off without a lawyer. Or, after paying your lawyer, you will be left with almost nothing.
If that were true, lawyers wouldn’t be in business for very long.

You will have to give the lawyer money up front or the lawyer won’t take the case.
Also not true. In most personal injury claims, car accident claims, disability claims, no fault insurance claims and slip and falls there is no money paid up front. The lawyer handles the claim on a contingency fee basis.

Be smart - find out your rights before you decide what to do.


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6 Comments

  • Avatar On 07.03.09 sweta sharma wrote:

    I was involved in a car accident in Jan.. my insurance company denied my claim… is it too late to file a lawsuit?

  • Avatar On 07.03.09 Rhona Waxman wrote:

    It is not too late for you to file a lawsuit. I would need to know more details about your accident and claim to provide any further information for you.

    If you are in the Hamilton area, please feel free to give us a call at 905-540-5555.

  • Avatar On 08.19.09 meg wrote:

    i used a lawyer to represent me but the insurance company denied my injury claim. i was told that there was no injury (per insurance) because the total amount of car damage was only $476. what are my other options.
    thank you.

  • Avatar On 09.14.09 Denice wrote:

    Hi

    I am wondering if I did not have a car insurance at that time of the car accident. Can I sue the person even I didnt carry an insurance? The other driver drove left turn in front of me with green light (no arrow)while I go straight forward. What do u recommended?

    Thanks for ur time

  • Avatar On 11.23.09 carolanne wrote:

    I was in a car accident and settled the case through my lawyer. My lawyer wrote me saying my check was in route and I would have to come in and sign off when they recieve the check. That was a month ago. I keep calling to ask when I can come in but they will not return my call. How do I make my lawyer pay me the balance?

  • Avatar On 12.13.09 Angie Cheesman wrote:

    I was a atationary vehicle when a transport truck crossed into my lane and totalled my car when making a wide right turn. He was exiting the parking lot from the “entrance” lane! I do not have a lawyer now, but I did. The parties in the tort action offered me $7,500.00 because they sat I was at fault! This was my insurance companies decision, which I am fighting! Help. I was railroaded, by everyone, and need help so very badly. Not sure I can go on much longer.

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