Can I Sue My Own Insurance Company After a T-Bone Accident?

Yes, you can sue your own insurance company after a T-bone accident. According to Florida Statutes §624.155(1), any person may take a civil action against an insurer when they are affected by the company’s failure to act in good faith. This includes refusing to settle initial claims fairly and honestly, or disregarding your best interests as their policyholder.

At Todd Miner Law, we bring over 32 years of experience handling claims against insurer tactics. Our founder has worked as an Assistant State Attorney and an insurance defense lawyer. This experience gives us detailed insights into how insurance companies assess and deny payouts. As a result, we can counter their strategies, build stronger car accident cases, and fight aggressively for the financial compensation you deserve. If your insurer denies a valid claim, call 407-894-1480 now and let our lawyers hold them accountable.

When Can You Sue Your Insurance Company After a T-Bone Accident?

You can sue your insurance company after a T-bone accident if they mishandle your claim, deny valid coverage, or act in bad faith. Insurers are legally required to investigate the claim promptly, communicate honestly, and pay what your policy promises. When they violate these obligations, a lawsuit can help protect your rights and recover full compensation.

In addition, you may sue if your insurer refuses to provide essential documents, like claim investigation reports or internal notes, even after formal requests. You can also take legal action if your insurer pressures you into accepting a low settlement through intimidation tactics. For example, they may threaten policy cancellation to push you into settling for less than your claim’s value.

Similarly, if an insurance provider fails to follow Florida’s statutory deadlines, you can file a lawsuit against them for failing to handle your claim in good faith. The law requires insurers to investigate a claim within 7 days of receiving it and to pay or deny the claim within 60 days.

What Counts as Bad Faith Insurance Practices After a Car Crash?

When an insurer misinterprets policy terms, delays payout, or denies a valid claim without any reason, that counts as bad faith actions. They may also shift blame, ignore medical records, or undervalue property damage to justify lowball settlement offers below the coverage limits in your auto insurance policy.

Here are some additional practices that count as bad faith after a car accident:

• Using confusing or misleading policy language to deny coverage
• Delaying or manipulating investigations to weaken your claim
• Withholding key details about coverage, such as exclusions or filing deadlines
• Ignoring communications or failing to respond to calls and emails
• Refusing to provide a written explanation for claim denials

Are Punitive Damages Available in Lawsuits Against Insurers?

Yes, punitive damages are available in lawsuits against insurers. Courts award these damages to punish wrongful behavior and discourage insurance companies from repeating similar misconduct in the future. However, a simple claim denial or contract breach does not qualify. According to Florida Statutes §768.72, you must prove willful bad faith, fraud, or malicious intent with strong evidence to receive punitive damages.

To request punitive damages, your attorney must file a detailed motion supported by clear and convincing evidence. If approved, the court will award the greater amount of compensation, between three times the compensatory damages or $500,000. If you prove intentional harm or misconduct motivated by financial gain, an even higher award is possible.

How Do Policy Exclusions Affect Your Ability to Sue Your Insurer?

Policy exclusions limit your ability to sue your insurer by legally removing coverage for specific events, damages, or losses. If your claim falls under a valid exclusion, the insurer can rightfully deny payment. To succeed in a lawsuit, you must prove that the exclusion is invalid, involves unclear terms, or does not apply to your situation.

Here’s when you can sue your insurer despite policy exclusions:

• Invalid Exclusion: Courts usually dismiss one-sided exclusions that violate state laws or consumer protection rules. For example, an insurer cannot legally remove uninsured or underinsured motorist coverage if it is required by law.
• Unclear Terms: Vague or confusing wording can work in your favor. For instance, a “racing” exclusion may not apply if your motor vehicle accident happened while driving on a regular highway and not during a competition.
• Wrongly Applied Exclusion: Insurers sometimes apply exclusions incorrectly. For example, denying coverage under a “commercial use” clause is wrong if you were using your personal vehicle for private, non-work purposes during the crash.
• Bad Faith Denial: Even if an exclusion exists, an insurer can still be sued if they’re acting in bad faith (delays, misrepresentations, or refusal to investigate).

Do You Have to Go Through Arbitration Before Suing Your Insurer?

No, Florida law does not require arbitration before suing your insurer. However, if your auto insurance policy includes a binding arbitration clause, you must follow that process before filing a lawsuit. Without such a clause, you can proceed directly to litigation after discussing options with your attorney.

In most cases, uninsured or underinsured motorist (UM/UIM) claims require pre-suit arbitration. In contrast, bad-faith claims may bypass it, as courts often treat bad faith as a separate tort rather than a breach of contract. Still, many insurers broadly define arbitration requirements for such disputes, which can make the legal process necessary. Therefore, it is important to carefully review your policy language to understand your obligations before suing.

How Does Subrogation Affect Claims Against Your Insurer?

Subrogation does not limit your ability to sue your insurer. It is a legal process that allows your insurer to seek compensation paid on your claim from the at-fault driver’s insurance. While it doesn’t reduce your auto insurance coverage, subrogation can affect the claim timeline, settlement negotiations, and how reimbursements are handled after an auto accident.

However, sometimes insurers may act in bad faith during subrogation, and that’s when the law gives you the right to sue them. Here are situations that show subrogation misconduct:

• Delaying your payout until money is recovered from the at-fault party’s liability coverage
• Demanding reimbursement amounts that exceed what was actually paid on your claim
• Refusing to reduce liens or negotiate repayment despite clear justification
• Failing to inform you about subrogation actions that directly impact your recovery

If an insurer is subrogating illegally, contact our team at Todd Miner Law. We investigate improper subrogation practices, gather evidence, and fight to protect your rights. Our car accident attorneys hold auto insurance companies accountable and obtain fair compensation when their tactics violate the law.

What Evidence Strengthens A Bad-Faith Lawsuit Against An Insurer?

To strengthen a bad-faith lawsuit, you will need your insurance policy, the insurer’s full claim file, and all written or recorded communications. Expert opinions explaining industry standards and coverage obligations, along with evidence of wrongful denials, repeated delays, or false statements, can further support your case.

In many cases, your lawyer can contact the state insurance department to check for previous complaints or regulatory actions against the insurer. This information can establish a documented pattern of misconduct, helping prove that your insurer has a history of bad-faith claim practices. Additionally, you should provide documentation showing that the insurer’s bad-faith tactics directly caused your damages.

Here is the evidence that helps establish this causation:

• Hospital bills you paid that prove delayed or denied payments for necessary medical treatment
• Loan or credit records showing debt or interest charges caused by unpaid insurance claims
• Mental health notes documenting stress, anxiety, or emotional distress caused by claim handling
• Property repair invoices or transportation receipts showing financial strain from delayed repairs
• Bank statements showing late fees on rent or utilities and overdraft charges from insufficient funds caused by delayed insurance payments

How Can A Lawyer Help You Fight Your Insurer After A T-Bone Accident?

At Todd Miner Law, our lawyers help you sue your insurer after a T-bone accident by exposing bad-faith tactics, challenging wrongful denials, and filing a lawsuit for damages. We collect evidence against the insurance company, prove policy violations, and pursue maximum compensation through strategic negotiations or trial.

In addition, our team also secures your complete car accident claim file. This document helps us uncover delays, adjuster notes, and internal communications to establish unfair handling. If your insurer refuses to share this information, we can use the discovery process to subpoena documents, depose adjusters, and expose misconduct. Our attorneys also track every deadline, including statute of limitations requirements, to protect your right to sue.

Furthermore, our personal injury lawyers challenge ambiguous policy language, arguing that unclear terms should always be interpreted in your favor. When needed, we even collaborate with insurance experts, claims specialists, and industry professionals. This collaboration helps us analyze your policy, review denial letters, and identify procedural violations. If your insurer acted maliciously, our team can pursue punitive damages as well to hold them fully accountable. Contact us for a free case review.

Can Comparative Negligence Affect Your Claim Against Your Insurer?

No, comparative negligence does not affect your right to file a claim or lawsuit against your insurer. However, if your fault is established, your insurer can legally reduce your payout, and there are no grounds to sue them. This is because Florida Statutes §768.81 applies a modified comparative negligence rule.

Under this law, your compensation is reduced by the exact percentage of fault assigned to you if you are 50% or less at fault. If you are more than 50% responsible, you will not receive any payout, regardless of your damages. If insurers misuse this law as leverage to eliminate or minimize your payout unfairly, you can sue them for acting in bad faith.

Todd Miner Law Can Help You Sue Your Insurer After a T-Bone Crash — Schedule a Free Consultation!

If you were injured in a T-bone accident, you have the right to claim compensation under personal injury protection. When your insurer denies this basic coverage, you may be left with increasing medical expenses, lost wages, and financial stress. Insurance companies often use aggressive tactics to minimize or delay payouts, making it nearly impossible to fight back while you’re trying to recover.

At Todd Miner Law, we have the team, tools, and dedication to stand up to insurance companies on your behalf. Our founder, Todd Miner, has earned the ‘Top-Rated Lawyer‘ badge on Avvo, reflecting his respected reputation in the legal community. He personally leads each case with a strong strategy, skilled negotiations, and hands-on legal representation. To schedule a free case review with him, call 407-894-1480 or visit our law firm at 915 Outer Rd, Orlando, FL.

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