Can I Sue My Own Insurance Company?
Sweeney Merrigan Personal Injury Lawyers is proud to serve Boston and communities across Massachusetts with trusted personal injury advocacy. After an accident, most people assume their insurance company will protect them. Unfortunately, that isn’t always the case. Sometimes, victims discover that the very insurer they pay premiums to refuses to honor claims fairly. This raises an important question: can you sue your own insurance company in Massachusetts?
The answer is yes — under certain circumstances, you have the right to hold your insurer accountable through legal action.
When Would You Sue Your Own Insurance Company?
There are several situations where suing your own insurer may be necessary:
- Uninsured motorist (UM) claims: If you’re injured by a driver without insurance, you may need to file against your own UM coverage.
- Underinsured motorist (UIM) claims: If the at-fault driver’s policy doesn’t cover your damages, your UIM policy may apply.
- Bad faith insurance practices: If your insurer unreasonably delays, undervalues, or denies your claim, you may sue for acting in bad faith.
- Coverage disputes: When your insurer interprets policy language unfairly or refuses to defend you in a covered claim.
These scenarios often arise after car accidents, catastrophic injury claims, or wrongful death cases where damages are substantial.
Massachusetts Insurance Law
Massachusetts is a no-fault state for car accidents, meaning drivers first file claims under their own Personal Injury Protection (PIP) coverage regardless of fault. However, additional claims may require action against your own insurer:
- If your medical bills exceed PIP limits
- If your injuries are serious enough to pursue a liability claim
- If your insurer refuses to pay fair compensation under UM/UIM coverage
The state also recognizes bad faith insurance lawsuits under Massachusetts General Laws Chapter 93A, which prohibits unfair and deceptive business practices.
What Is Bad Faith Insurance?
An insurer acts in bad faith when it prioritizes profits over its duty to policyholders. Examples include:
- Denying valid claims without a reasonable basis
- Failing to investigate properly
- Delaying payment for months without justification
- Offering settlements far below the true value of your losses
In these cases, victims may not only recover the value of their claim but also additional damages and attorney’s fees under Chapter 93A.
Frustrated with your insurance company? Call Sweeney Merrigan Personal Injury Lawyers in Boston today for your free consultation.
Evidence Needed to Sue Your Insurer
To succeed in a lawsuit against your insurance company, strong documentation is key. Our attorneys gather:
- Policy language showing coverage terms
- Claim correspondence including denial letters or emails
- Medical records and bills supporting damages
- Expert opinions on fair claim value
- Records of delays or refusals to pay
This evidence allows us to prove that your insurer failed in its obligations.
Why Legal Representation Matters
Insurance companies have teams of lawyers working to protect their bottom line. Without legal representation, policyholders are often pressured into accepting unfair denials or lowball settlements.
At Sweeney Merrigan Personal Injury Lawyers, we have decades of combined experience holding insurers accountable for car accident, catastrophic injury, and wrongful death claims across Massachusetts. We know the tactics insurance companies use — and we know how to fight back.
You don’t have to take on your insurer alone. Let Sweeney Merrigan fight for the justice you deserve.
Taking the Next Step
If you believe your insurance company has failed you, you may have the right to sue. Whether your case involves a denied UM/UIM claim after a crash on the Mass Pike, delayed benefits for a Back Bay accident, or bad faith handling of a catastrophic injury, we are here to help.
No matter where you are in your recovery, the right support makes all the difference. Call Sweeney Merrigan Personal Injury Lawyers today for your free consultation — and take your next step toward justice and accountability.
