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What Happens If Someone Sues My Insurance Company?

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What Happens If Someone Sues My Insurance Company?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
being sued by insurance company Himpro

We get asked all the time, what should I do if someone sues me for a car accident in Ontario, or what happens if someone sues my insurance company? If you are responsible for another person’s injuries or financial losses, due to carelessness or negligence on your part, that person may bring a claim against you. However, assuming you have automobile or home insurance, that claim would be paid by your insurance company.

Can an Insurance Company Sue Me?

When someone sues your insurance that injured party doesn’t actually sue your insurance company by name. They sue you personally and your insurance company responds to the claim on your behalf.

Notice Letters

If you injure someone in a car accident, or somebody slips and falls in your icy driveway, you may receive a letter from the injured party notifying you of a claim. This letter may be informal, or it may be a formal letter from the other person’s lawyer, asking you to contact your insurance company. In effect, the injured party or their lawyer is letting you know that your insurance is getting sued or, more accurately, they are going through you to get to your insurance company.

Working With Your Insurance Company

When you get sued for a car accident and you have insurance you need to ensure that your insurance company will respond to any claim, you need to contact them right away and fully cooperate with them. If you don’t, then some of the insurance coverage you paid for might not be afforded to you, based on late notice to the insurance company (which denies them the chance to investigate and respond to the claim in a timely fashion).

In the case of an insurance company that refuses to cover you or covers you for less than the full insurance policy limits, either because you have notified them late, you haven’t notified them at all, or perhaps you knowingly provided them with false information when applying for insurance (known as “material misrepresentation”), you might find yourself partially or fully personally responsible to the injured party for their losses. You don’t want to have to sell your personal assets or refinance your home to pay an injured party’s claim. That is why it is important, to be honest with an insurance company when applying for a new policy and to cooperate with them fully.

The insurance company will investigate the claim and try to resolve it at an early stage. If the claim is for significant injuries or financial losses, your insurance company may need to hire a lawyer to deal with the case. Either way, you and your personal assets will be protected up to the limits of your policy.

Most automobile and home policies in Ontario carry $1,000,000 in liability coverage, which is adequate in all but the most serious of cases.

What to Do if Someone Sues You for a Car Accident in Ontario?

When someone sues after a car accident, if the claim can’t be resolved by an insurance adjuster at an early stage, you may be served with a Statement of Claim, which is the first step in personal injury litigation. You may wonder why you are named personally in the claim, even though you have insurance coverage. That is because an injured party cannot sue your insurance company directly, since the insurance company didn’t directly cause any injuries and financial losses. Your insurance policy responds to a claim because you purchased that policy for peace of mind in the event that you accidentally injure somebody and get sued as a result.

If a Claim Proceeds to Litigation

If somebody hands you a Statement of Claim, don’t panic. Just contact your insurance company, provide them with a copy of the claim and they will handle it. They will hire a lawyer to act for you (although he or she is really acting for your insurance company to ensure it pays as little as possible to resolve the claim). The insurance company’s adjuster or lawyer, or both, may meet with you at various times to discuss what happened to cause the other person’s injury and to explain the litigation process, starting with the Statement of Claim.

What Happens if Someone Sues You for More Than Your Insurance Company Covers?

In rare cases, an injured person might claim an amount greater than your insurance policy limits. Say, for example, that you are involved in a car accident where another person is paralyzed and requires considerable medical care, but also loses their ability to work. That person’s claim could be significantly higher than your $1,000,000 liability limits, in which case you should obtain separate legal representation to protect your personal assets. Of note, one way to avoid this unlikely scenario is to pay for extra insurance. You can get $2,000,000 or even $3,000,000 of liability coverage for slightly more than you are paying now. You can even get an excess “umbrella” policy for both your automobile and home which covers you for several million dollars if somebody gets hurt by you in a car accident or on your property. It’s good to speak to a knowledgeable insurance broker about this excess coverage.

If the litigation proceeds, the lawyer for you and your insurance company will guide you through and prepare you for the later steps of the litigation process:

  1. Examinations for discovery, where you are questioned under oath in a boardroom setting about how the injured party got hurt
  2. Document exchange, where you may have to provide the insurance company’s lawyer with information and documentation relevant to the case
  3. Pre-trial, where the parties meet with a judge to discuss the case and whether it can be resolved (typically you would not be personally involved in this)
  4. Trial, where you would give evidence on the witness stand about the circumstances that started the claim in the first place

What happens if someone sues your insurance company? Or more accurately, if your insurance is getting sued by using your name? Contact your insurance company promptly, cooperate with them and their lawyer fully, and in the unlikely case where the value of the lawsuit is greater than your policy limits, seek out your own lawyer to protect your personal assets.

Content Updated: Originally published July 3, 2018

 

⭐⭐⭐⭐⭐ “David’s team did a phenomenal job with my disability case. I had a hard time with my case until I decided to go with the firm. Silene Malhao and Mena Brar both were there for me every step of the way and provided incredible service. They answered all my questions and made me feel comfortable. I say with confidence that I couldn’t be happier with the end result and would recommend my friends and family to them without question. Thanks so much once again!”     

– Shahira C.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO BY HIMELFARB PROSZANSKI LLP

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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