Can you sue insurance company for more money?

Asked by: Elvera Hansen  |  Last update: January 6, 2026
Score: 4.9/5 (52 votes)

The truth is, you can't force an insurance company to pay beyond the bounds of its policy limit. However, you can sue the at-fault person for more than their policy's limit. If you do, you'll be removing their insurance company from the picture.

What happens if insurance gives too much money?

In some situations, they may allow you to keep the funds if you incur other damages related to your claim. However, they may also ask you to fill out a form returning the excess money to their agency. How each insurance company handles overpayment varies on a case-by-case basis.

How to get more money out of an insurance claim?

Steps to Argue for More Money on Your Total Loss Claim
  1. Ask for the Valuation Report.
  2. Research the Comparables on the Valuation Report.
  3. Dispute Any Condition Adjustments on the Comparables.
  4. Send Your Own Comparables to the Adjuster.
  5. Consider Hiring an Appraiser.

When should you sue an insurance company?

You may be able to sue your insurance company for bad faith if they intentionally neglect to perform the duties necessary according to your policy. If the insurance company knows that the claim is valid but they deny it anyway, you may be able to sue for bad faith.

Can you argue for more money from insurance?

If the insurance company disagrees with your estimate, you can use your proof to negotiate and argue your case. By presenting concrete evidence, you can strengthen your claim and increase your chances of getting a fair settlement.

Can I sue my insurance company for more money than the initial settlement offer?

25 related questions found

How to get a higher insurance settlement?

  1. The Personal Injury Settlement Process.
  2. Have an Injury Settlement Amount In Mind.
  3. Don't Jump at the First Injury Settlement Offer.
  4. Get the Adjuster to Justify a Low Injury Settlement Offer.
  5. Emphasize Emotional Points.
  6. Put the Settlement in Writing.
  7. Getting Help With a Personal Injury Claim.

Can you sue an insurance company for more than the policy limits?

A more common situation is where the insurance company failed to act in good faith and settle the claim within policy limits. In California, an insurance company that refuses to settle a claim in good faith may be liable for the full judgment at trial even if the amount exceeds policy limits.

How likely is an insurance company to sue you?

While subrogation allows insurance providers to pursue third parties, an insurer usually cannot sue their policyholders. However, there are certain situations where an insurer may take legal action against its policyholder.

Can you sue an insurance company for not paying enough?

If you're not satisfied with the outcome of your dispute, you have the right to sue the insurance company in a court of law. You can use these resources to find legal help. You can also ask for alternative dispute resolution, which uses mediation with a neutral third party to settle disputes outside court.

What is an example of negligence in insurance?

Negligence is an insurance term that is tied to various types of liability insurance, such as home, life, health, business, and auto. For example, perhaps a retail shop owner was negligent by leaving their water hose out after cleaning the sidewalk, causing a passerby to trip.

How do I ask my insurance company for more money?

Send a Detailed Demand Letter to the Insurance Company

Because the insurance company will likely reply with an offer for an amount lower than what you've asked for in the demand letter, you should ask for between 25 and 100 percent more than what you would be willing to settle for.

How to fight an insurance claim?

Steps to Appeal a Health Insurance Claim Denial
  1. Step 1: Find Out Why Your Claim Was Denied. ...
  2. Step 2: Call Your Insurance Provider. ...
  3. Step 3: Call Your Doctor's Office. ...
  4. Step 4: Collect the Right Paperwork. ...
  5. Step 5: Submit an Internal Appeal. ...
  6. Step 6: Wait For An Answer. ...
  7. Step 7: Submit an External Review.

How can I get more money from my insurance after an accident?

  1. Understand Your Damages. The foundation of any car accident claim is your damages. ...
  2. Resist the Rush to Accept an Initial Offer. ...
  3. Hire an Experienced Attorney. ...
  4. Build and Preserve a Strong Case. ...
  5. File Your Case Promptly. ...
  6. Avoid Discussing Your Case with the Insurance Company. ...
  7. Stay Off Social Media. ...
  8. Make a Good Impression in Court.

What if the repairs are more than the estimate?

What happens when the amount exceeds the expected repairs? Customers cannot be charged more than the estimate given without prior written or oral consent. Unfortunately, you might have to work with the other driver's insurance company. They may agree to a specific price but refuse to pay for repairs over that amount.

What to do when insurance overpays?

When an insurance carrier overpays, the first step is to double-check and confirm the mistake. When the payer acknowledges the overpayment, they should reprocess the claim and request the return of the excess amount.

Can I keep leftover money from an insurance claim?

In general, homeowners can keep leftover money from an insurance claim if there is nothing in their policy saying that unused claim funds must be returned. If you are legally allowed to keep the money, you are free to purchase whatever you like with it.

What to do if insurance doesn't pay enough?

What Can I Do If My Insurance Company Won't Pay Me Enough for My Insurance Claim?
  1. Understand Why Your Claim May Be Underpaid. ...
  2. Review Your Policy in Detail. ...
  3. Document Everything. ...
  4. Request a Re-Evaluation or Second Opinion. ...
  5. Dispute the Claim in Writing. ...
  6. File a Complaint with Your State's Department of Insurance.

Can I sue my insurance company for emotional distress?

Yes, you can sue for emotional distress under the common law standard, but it can be hard to prove. This is because you must show that the result of your claim denial caused you pain and suffering or emotional distress. This intangible loss can be more difficult to prove than, say, the cost of medical bills.

How long does it take to sue an insurance company?

If handled quickly, a civil case may be resolved in one year or less. A two-year lifespan is not uncommon for a civil injury case against a single defendant or against an insurance company. Sometimes lawsuits in civil court may last a few years if delays occur.

Why would someone sue an insurance company?

Third-Party Lawsuits

This proposition allows an individual or a business to file a third-party lawsuit against an insurance company for unfair claims practices in handling liability claims. (Liability insurance provides financial protection to individuals and businesses for harm that occurs to others.)

Can I threaten my insurance company?

However, you should never threaten to harm an insurance adjuster or any employee of an insurance company.

Can you sue an insurance company UK?

Protections are in place for insurance holders to ensure they get the payout they deserve, and with the help of a knowledgeable solicitor, claims can be made against your insurance company if you believe you should be entitled to a payout.

What if insurance settlement is not enough?

Take Them to Court

You can file a lawsuit when the insurance settlement offer is too low. You can also file a lawsuit if attempts at discussion and negotiation fail. Starting an injury suit doesn't necessarily mean that negotiations are over.

What is the claim limit?

It's the maximum your insurer will pay for claims over the course of your policy period, generally a year. Per claim limits cap the amount paid out for each claim you file while your policy is in effect.

How to sue an insurance company without a lawyer?

How Exactly Do You Sue an Insurance Company Without Using a Lawyer?
  1. File a Police Report. · ...
  2. Collect Evidence and Witness Statements. · ...
  3. File the Paperwork. · ...
  4. Representing Yourself During Legal Proceedings. · ...
  5. Dealing With the Appeals. ·