Can You Sue Your Own Insurance Company After a Truck or Car Accident?

After a car or truck accident, most people assume that compensation will come from the at-fault driver’s insurance company. But what happens when that isn’t enough or your own insurance company is throwing interference?

Whether you can sue an insurance company after an accident depends on the situation. In some cases, you might not only be able to file a claim with your own insurer but also have the right to take legal action if they fail to treat you fairly.

If you’ve been injured in a crash in Buffalo or anywhere in Western New York, understanding how insurance works and what your rights are can make a significant difference in your recovery.

How Insurance Works After a Car or Truck Accident in New York

New York is a no-fault insurance state, which changes how claims are handled after an accident.

What “No-Fault” Means

After most car accidents in New York:

• Your own insurance company pays for your medical expenses and lost wages 
• This is true regardless of who caused the accident 
• These benefits are typically capped at $50,000 under basic coverage 

This system is designed to provide quick access to basic financial support, but it has limitations. No-fault benefits generally do not cover:

• Pain and suffering
• Emotional distress
• Long-term disability beyond policy limits

To recover those types of damages, you typically need to pursue a claim against the at-fault party, but only if your injuries meet New York’s serious injury threshold.

When Might You Deal with Your Own Insurance Company?

Even though another driver caused the crash, your own insurance company may still play a major role in your claim. You may need to rely on your own insurer when:

• Your medical bills are paid through no-fault coverage 
• The at-fault driver has little or no insurance 
• Your damages exceed the other driver’s policy limits
• You have uninsured (UM) or underinsured (UIM) motorist coverage 

In these situations, your insurance company effectively steps into the process. But even though they’re your insurer, that doesn’t mean they’re automatically on your side.

Can You Sue Your Own Insurance Company?

In certain situations, yes, you may be able to take legal action involving your own insurance company.

However, it’s important to understand how this typically works.

Situations Where You May Have a Claim Involving Your Insurer

Uninsured or Underinsured Motorist (UM/UIM) Claims

If the at-fault driver has no insurance or doesn’t have enough insurance to cover your damages, you may file a claim under your own policy’s UM/UIM coverage.

In these cases:

• You are technically making a claim against your own insurer 
• Your insurer may dispute the value of your claim
• The case may proceed to arbitration or litigation if there’s disagreement 

Even though it’s your own insurance company, they may still challenge your claim just like an opposing insurer would.

Denial of No-Fault Benefits

Your insurance company is required to provide no-fault benefits, but disputes can arise. They might deny your medical treatment was “necessary,” claim you’ve recovered before you actually have, or simply outright refuse to pay certain expenses.

When this happens, legal action may be necessary to enforce your rights under the policy.

Bad Faith Insurance Practices

Insurance companies are required to act in “good faith” when handling claims. In other words, they should treat your claim within reason and the parameters of your policy. You may have grounds for a bad faith claim if your insurer:

• Unreasonably delays your claim
• Denies valid benefits without justification
• Misrepresents policy terms
• Fails to investigate properly 

Bad faith insurance cases can be complex and require experienced legal guidance. We highly encourage you to consult with a Buffalo car or truck accident attorney to discuss your options.

What Does It Mean to “Sue” an Insurance Company?

When people ask about suing their insurance company, they often imagine a traditional lawsuit in court. In reality, the process can vary depending on the type of claim:

• No-fault disputes may involve administrative hearings or arbitration 
• UM/UIM claims often go through arbitration rather than a jury trial 
• Bad faith claims may proceed through the court system 

Each path involves different procedures, deadlines, and legal strategies, which is another reason why having an experienced attorney is so important.

Why Insurance Companies May Push Back on Your Claim

Whether it’s your insurer or the other driver’s, insurance companies are businesses. Their goal is to limit how much they pay out.

They may attempt many sorts of methods to do this:

• Downplay the severity of your injuries
• Argue that your treatment is unnecessary
• Claim your injuries were pre-existing
• Offer a quick settlement that doesn’t reflect long-term costs 
• Delay the process to pressure you into accepting less

These tactics can be frustrating, especially when you’ve been paying premiums and expect your own insurer to help you.

RELATED: How Insurance Companies Try to Downplay a Brain Injury from a Car Accident

What You Can Do to Protect Yourself

If you’re dealing with an insurance company after a truck or car accident, there are several steps you can take to protect your rights.

1. Seek Medical Attention As Soon as Possible

Prompt medical care helps protect your health, creates a record of your injuries, and strengthens your claim. 

Insurers can use delays in treatment as ammunition to claim your injuries are not as serious as you state.

2. Document Everything

Keep records of:

• Medical visits and bills
• Time missed from work
• Communications with insurance companies
• Any symptoms or changes in your condition

This information can be critical if your claim is disputed.

3. Be Careful What You Say

Insurance adjusters may ask for statements or information. Remember that you are not required to give a recorded statement without legal advice. Even casual comments can be used to reduce your claim 

RELATED: What Are Your Rights After a Crash?

4. Do Not Accept the First Insurance Offer

Early settlement offers are often lower than what your claim may be worth. This can be especially true before the full extent of your injuries is known.

Once you accept a settlement, you typically cannot go back and ask for more. Do not accept a settlement without consulting with an experienced Buffalo car accident lawyer.

How a Car Accident Lawyer Can Help You Navigate Insurance Claims

Whether you are dealing with your own insurance company or another party’s insurer, having legal representation can make a significant difference.

At Feroleto Law, our Buffalo car accident lawyers help victims by:

Evaluating Your Coverage and Options

We review your insurance policies to determine:

• What coverage is available
• Whether UM/UIM claims apply
• Whether additional legal action is necessary 

Handling Communications with Insurance Companies

We take over communication with adjusters so you don’t have to worry about saying the wrong thing or facing undue pressure to settle. 

Building a Strong Case

We gather and present evidence to support your claim, including:

• Medical records and expert opinions
• Accident reports and witness statements
• Economic analyses of lost wages and future care

Pursuing Fair Compensation

We negotiate aggressively for a settlement that reflects the full impact of your injuries.

If the insurance company refuses to offer fair compensation, we are prepared to:

• Take your case to arbitration
• File a lawsuit when appropriate
• Advocate for you in court

Why Acting Quickly Matters

Time is a critical factor in any accident claim. There are strict deadlines for:

• Filing no-fault claims
• Submitting UM/UIM claims
• Initiating legal action

In addition, evidence can become harder to obtain as time passes.

The sooner you speak with a Buffalo car accident lawyer, the sooner steps can be taken to protect your claim. We can sue your insurance company if it is proper to do so and in your best interests.

RELATED: Why Raising New York Auto Insurance Minimums Matters for Buffalo Accident Victims

Contact Feroleto Law for Guidance After an Accident

Dealing with insurance companies, especially your own, can feel confusing and frustrating after an accident.

At Feroleto Law, we understand these concerns. Our Buffalo car accident lawyers have helped countless clients throughout Western New York navigate complex insurance issues and pursue the compensation they deserve.

If you’ve been injured in a car or truck accident and are dealing with an insurance claim, you don’t have to figure it out on your own. Our team can review your situation, explain your rights, and help you determine the best path forward.

Contact Feroleto Law today for a free, confidential consultation. We can help you move forward with confidence and protect the recovery you deserve.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.