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Can I Sue Auto Club Insurance After A Car Accident?

Legally reviewed by: Miriam Domer November 22, 2023
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Whether you can sue Auto Club Insurance following a car accident, truck accident, or motorcycle accident will depend on several factors. But, in short, yes, you may be able to take this AAA insurance company to court.

A primary condition that must be met to sue is that the auto insurance company acted in bad faith when handling your claim.

If you feel this is your situation, it’s important to work with an experienced attorney to ensure bringing your accident claim to court is the right option. Most attorneys offer free consultations to help you better understand your case and whether they would be a good fit for it.

AAA insurance agent inspecting a car with a scratch and taking notes

What To Know About Suing Auto Club Insurance For An Insurance Claim

An important element that will significantly impact your case against Auto Club Insurance is what state you live in. Some states are considered fault, while others are considered no-fault states.

Auto Club Insurance is offered through AAA in 11 states:

Each state’s laws regarding auto accident cases will vary.

If you live in an at-fault state, you would first file an accident or injury claim with the liable party’s insurance provider. From there, if a fair settlement is not reached or if the company acts in bad faith, you would then take that provider to court.

In a no-fault state, you would be submitting your accident or personal injury claim through your own insurance company based on your auto insurance policy.

Is Suing Auto Club Insurance The Same As An Insurance Claim?

No, suing Auto Club Insurance or another subsidiary of AAA insurance is not the same as submitting a claim for property damage or or losses incurred in an accident.

Filing an insurance claim for your accident or personal injury case is typically the first step following an auto accident. If the at-fault driver is also the policyholder of their insurance, then you would submit your claim under their name with their provider.

If the provider does not handle your claim appropriately or refuses to honor a legitimate claim, your personal injury lawyer, or accident attorney, may recommend you sue the company.

Eligibility For Filing A Car Accident Lawsuit Against Auto Club Insurance

Understanding eligibility when it comes to suing an auto insurance company like Auto Club Insurance is imperative when making the decision to take this step.

The personal injury law firm you work with can help you better understand your eligibility but in short, the company must have acted in bad faith in order for you to sue

Examples of bad faith by insurance adjusters and auto insurance companies include:

  • Providing misleading or inaccurate insurance information about a policy
  • Requiring excessive proof or information to prove damages and injuries
  • Refusing to provide compensation for medical bills, pain and suffering, or other damages
  • Offering inaccurate information about any necessary deductibles or out-of-pocket expenses
  • Not processing a claim in an ethical amount of time
  • Refusing to process a claim with legal standing

If you feel you’ve been a victim of one or many of these instances, it’s important to seek legal advice for your next steps.

What Type Of Lawsuit Can You File Against Auto Club Insurance?

The type of lawsuit you file against Auto Club Insurance will depend on your unique situation and the damages and losses experienced.

The most common types of lawsuits filed in auto insurance company lawsuits include:

  • Wrongful death lawsuits, which are filed when a loved one loses their life in an accident caused by another driver. You may file this lawsuit to seek compensation for damages such as loss of future wages and funeral costs.
  • Personal injury lawsuits, which are filed when serious injuries are incurred as a result of a collision. You may file this lawsuit to seek compensation for losses such as medical expenses and lost wages.

If you’re unsure which lawsuit is best-suited to your case, speak with your personal injury attorney.

Factors In Car Accident Lawsuits Against Insurance Companies

Knowing the various factors that can impact a lawsuit against an insurance company can help ensure you understand what may influence the outcome of your case. The specific factors will vary based on your unique situation.

Common factors seen in auto accident lawsuits include:

  • Who was found at fault for the accident
  • Whether you live in a fault or no-fault state
  • Whether liability against the at-fault driver was established
  • The degree of negligence for all parties involved
  • The type of insurance coverage the liable motorist has

Working with an experienced auto accident attorney can help you fully understand these factors and establish which ones are most relevant to your case.

How To Sue Auto Club Insurance Insurance After An Auto Accident

While each situation is different, the most common steps before and at the start of a lawsuit against an insurance provider like Auto Club Insurance include:

1. Find An Experienced Car Accident Lawyer You Trust

Finding an experienced and dedicated auto accident attorney with whom you have a good attorney-client relationship can help the claims process go much smoother. It’s important to find someone who has specific experience with cases like yours.

And, if you do end up going to court, your attorney should also have court experience under their belt.

2. Submit Your Auto Crash Insurance Claim

After you’ve found the right attorney for your case and collected all necessary evidence, your next step is to submit an accident claim with Auto Club Insurance.

Once submitted, an insurance agent will review your case and verify any damages and losses included in your claim.

3. Start Settlement Negotiations

Following the submission, review, and verification of your claim, the insurance company will typically propose a settlement offer to cover your losses and damages. This offer may be adequate or the company may try to lowball you.

If your attorney feels that the settlement offered is not sufficient, they may begin negotiations with the company and its legal team. In most cases, a fair settlement can be reached outside of court.

4. Begin The Process Of Suing Auto Club Insurance

In some cases, the company will refuse to provide a sufficient payout that sufficiently covers all damage and losses. If this is your case, your attorney may advise you that the next best step is to begin the process of filing a lawsuit against Auto Club Insurance.

Evidence You Need To Sue Auto Club Insurance

There are several pieces of evidence necessary when submitting an insurance claim with an auto insurance company. This evidence allows the adjuster to verify your claimed damages and losses and helps support your case for adequate compensation.

Common pieces of evidence needed when filing a car accident claim include:

  • Police reports
  • Medical bills and expenses
  • Medical records
  • Pictures of the accident site, including photos of the cars involved and all damage incurred
  • Contact information for any eye witnesses
  • Insurance documentation for all parties involved

Auto Club Insurance Coverage And How It Affects Lawsuits

Like most other auto insurance companies, Auto Club Insurance offers several types of car insurance coverage that policyholders can choose from.

The type of coverage both you and the at-fault driver have can significantly impact your lawsuit against the at-fault driver’s insurance company. For example, if the liable motorist doesn’t have liability insurance, you may be responsible for seeking compensation through your own policy.

Examples of common types of coverage offered through Auto Club Insurance include:

  • No-fault insurance coverage, which includes personal injury protection (PIP) and provides compensation regardless of who was at fault.
  • Liability coverage, which provides coverage to other parties when you are found legally liable for an accident.
  • Comprehensive coverage, which provides coverage for property damage that occurs in ways other than an accident.
  • Collision coverage, which offers coverage should your car be damaged in an accident with an object or other vehicle.

How Long Do You Have To Sue Auto Club Insurance After An Accident?

The time limit you have to file a lawsuit against a car insurance company such as Auto Club Insurance will primarily depend on the state you live in. Each state has its own statute of limitations that dictates how long victims have to file claims and lawsuits.

Many states have a two-year statute of limitations for accident and personal injury cases. This means that you have two years from the date of the accident or the date the injury was discovered to file a claim or submit a lawsuit.

If you’re unsure of the statute of limitations in your state, speak with your attorney. They should be familiar with these laws and able to help you meet the deadline.

Auto Club Insurance Car Insurance Lawsuit Settlements

There is no up-to-date data on insurance lawsuit settlements for Auto Club Insurance. However, the Insurance Information Institute does offer data collected from large auto insurance companies like AAA.

According to the III, in 2021, the average claim for bodily injury related to an auto accident was $22,734. For property damage, this number decreased significantly, coming in at around $5,000 per settlement.

Types Of Damages In Auto Club Insurance Car Accident Lawsuits

There are a variety of damages you may be able to claim in both auto accident claim submissions and lawsuits. The types of damages will depend on the circumstances surrounding your accident and its severity.

Common damages claimed in Auto Club Insurance car accident lawsuits include:

  • Medical bills and expenses for resulting injuries
  • Lost wages
  • Lost earning capacity
  • Loss of consortium
  • Pain and suffering
  • Property damage
  • Wrongful death

Get Help Suing Auto Club Insurance After A Car Crash Today

Auto accidents are traumatic experiences that leave many victims in pain and unsure what their first steps should be to get back on their feet.

Working with an auto accident attorney can help eliminate some of the stress that comes with filing claims or suing an insurance company.

If you’re interested in being connected with a dedicated and highly experienced lawyer in your area, reach out to LegalFinders today. We’d be happy to put you in touch with someone who is best suited for your unique case and needs.

Auto Club Insurance Car Accident Lawsuit FAQs

Here are a few frequently asked questions related to Auto Club Insurance car accident claims and lawsuits:

How Do You File An Accident Claim With Auto Club Insurance?

To file a claim with Auto Club Insurance, simply go to the website that corresponds with your state and fill in the information. An insurance adjuster should be in contact with you within 24 hours of submitting your claim.

How Much Money Can I Get From A Car Accident Lawsuit With Auto Insurance Club?

The settlement you receive from a lawsuit against Auto Insurance Club can vary greatly depending on several factors. Common factors that play a significant role in the settlement amount include the extent of injuries and property damage incurred in the crash.

How Long Will A Lawsuit Against Auto Insurance Club Take To Settle?

Once a lawsuit has been initiated, there is no set time limit on how long it will take to settle. How complex your case is may play a role in the length of time you spend in court, as well as the state where you file, how well-documented your evidence is, and other individual factors.

Article Sources

AAA Insurance. “This way to coverage you can trust – AAA Auto Insurance for Florida.” Retrieved from https://www.autoclubfl.com/Products/Auto_Insurance#:~:text=Collision%20%E2%80%93%20Pays%20for%20physical%20damage,theft%2C%20glass%20breakage%20and%20vandalism.

Insurance Information Institute. “Facts + Statistics: Auto insurance.” Retrieved from: https://www.iii.org/fact-statistic/facts-statistics-auto-insurance.

Investopedia. “Auto Club Group Auto Insurance Review 2023.” Retrieved from: https://www.investopedia.com/auto-club-group-auto-insurance-review-5218138.

MarketWatch Guides. “AAA Insurance Review.” Retrieved from: https://www.marketwatch.com/guides/insurance-services/aaa-insurance-review/.

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