TL;DR: Monsees & Mayer
You can sue your car insurance company for negligence or bad faith if it unreasonably denies, delays, or undervalues a claim. This guide provides insight into how a case against your own insurance company may look.
Why You Might Want to Sue Your Insurance Company
When you pay premiums, your insurer owes you a duty of good faith and fair dealing when it comes to providing defense (defending you in court if you hurt someone else) and indemnification (paying money to you or another injured party). If your car insurance company unfairly handles a claim, you may choose to sue your car insurance company for negligence, bad faith, or vexatious refusal (state specific).
Legal Basis: Bad Faith
Bad Faith Claims
Missouri recognizes bad faith, or “vexatious refusal,” as a cause of action by an insured against its insurer when an insurer unreasonably denies or delays payment.
Under Missouri law, if it appears from the evidence that an insurance company has refused to pay a loss “without reasonable cause or excuse,” the court or jury may allow the plaintiff damages. RSMo § 375.420.
When You Can Sue Your Insurance Company
Consider legal action if your insurer:
- Denies a valid claim without proper investigation
- Low-balls settlements knowing your losses are higher
- Fails to respond or justify denial
“When insurers ignore documentation, devalue legitimate human harm and loss, and refuse to pay fair compensation, you should consider your rights to pursue a first-party bad faith claim against your insurance company.”
— Ryan Frazier, Branson & Springfield
Recoverable Damages
For first party claims against your own insurance company arising from refusal to pay a loss without reasonable cause or excuse, compensation may include:
- Compensatory damages for bodily harm suffered, including medical expenses, lost wages, pain, suffering, and mental anguish.
- Interest
- Statutory penalty
- Reasonable attorney’s fee.
What Missouri Courts Say
In Hensley v. Shelter Mutual Insurance Company, the Missouri Court of Appeals affirmed the jury’s award of money damages in favor of the insured and against his insurer for vexatious refusal, finding that the award was supported by the evidence because no grounds were given as to why the insurer refused to pay. See Hensley v. Shelter Mut. Ins. Co., 210 S.W.3d 455 (Mo. Ct. App. S.D. 2007).
“Missouri law gives you a path to recover more than just your policy limits if the insurer acts in bad faith. It’s not easy—but it’s possible.”
— Ryan Frazier, Branson & Springfield
Timing & Requirements
- Missouri’s statute of limitations for breach of contract, including claims arising from an insurer’s vexatious refusal to pay, is typically five years. RSMo. § 516.120.
- We recommend consulting with an insurance bad faith attorney for help determining whether a pre-lawsuit settlement offer is in your best interest.
Summary: Can I Sue My Car Insurance Company?
Yes, you can sue your car insurance company if it violates its implied duties of good faith and fair dealing to its own insured. Missouri law sets out the specific damages an insured may recover if an insurer refuses to pay a loss “without reasonable cause or excuse.” Collect thorough documentation and consult an experienced attorney like Ryan Frazier to evaluate your case.
