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Can you sue your own insurance company after they deny a valid claim?


Well, the claim wasn't actually denied. This question is for my mom. She was in a car accident 4 years ago, with a drunk driver, and has since undergone surgery to repair shattered spinal disks, physical therapy, and massage treatments. She filed a claim with the insurance company after the accident, got a horrible run-around, and eventually gave up and paid for medical expenses out of pocket. It was stupid to just give up, but what's done is done...

Anyway, she heard that the insurance company must cover their clients for up to 10 years, and the claim has been reopened. Again, it's been a run-around, and she's received only one phone call from the adjuster after a month (and after a complaint to his supervisor) and he plays dumb. He said he wants to talk to her lawyer, but her lawyer is suing the drunk driver, which is completely unrelated to the insurance coverage.

Would it be possible for her to to take some sort of legal action against her insurance company? It's in Canada btw.

If your mother has an attorney -- then ask him.

Your mother will be paying him a very hefty chunk of any settlement that she gets. So you might as well ask him.

Also - if your mother is represented by an attorney - the insurance company can not speak to her with out the lawyers permission. That means you calling them.....your mother calling them.....your calls will not be returned. The insurance company can not speak to either of you unless your lawyer gave them permission (usually in writing).

The manager is not "playing dumb". You are represented by an attorney -- LEGALLY HE CAN NOT DISCUSS THE CASE WITH YOU WITH OUT YOUR LAWYERS PERMISSION (USUALLY REQUIRED TO BE IN WRITING).

Does Canada not have a major organization or agency that is over all your insurance companies? This is who you should be contacting. Once they are aware they could lose their license to sell insurance, they get much better at providing service.

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