If I had a car accident and suffered injuries, can I sue my automobile insurance company?
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If I had a car accident and suffered injuries, can I sue my automobile insurance company?
I ran off the interstate on rainy day and hit trees but no other vehicle involved. I suffered severe injuries. My auto insurer only offered me cars worth and $100 a week for loss wages. Is this fair?
Asked on August 8, 2016 under Accident Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your auto insurance policy is a contract: the insurer must pay you whenever and whatever amounts the policy (and the type of coverage you purchased) says they must, but they don't have to pay you a single cent beyond the terms of the policy--which means they don't have to pay you for claims or injuries not covered by the policy.
Review your policy: does your policy include compensation for your own injuries? This would be some coverage other than liability coverage: liability coverage only covers injuries to *other* people--not you.
If your policy does include coverage for your own injuries and they won't pay it, then you could sue your insurer for breach of contract--that is, for violating their contractual (i.e. policy) obligations to pay for your injuries.
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