Can I Sue USAA After a Car Accident?

Hiring a Car Accident Attorney in Your Area

You may have many questions when you are involved in a car wreck, we are here to help! We have compiled a list of the most frequently asked questions in relation to car accident claims and lawsuits with USAA.

You may be able to sue USAA, or United Services Automobile Association, following a car accident. However, the process of bringing a lawsuit against a large insurance company like USAA can be very complex.

If USAA did not handle your auto accident or personal injury case appropriately, or you did not receive a fair settlement offer after filing a claim, consider reaching out to a car accident lawyer.

Your car accident attorney, or personal injury lawyer, can help determine if you have a solid case against USAA and whether a lawsuit will yield favorable results. They can also represent you in a court of law and work to ensure you receive a fair verdict.

What to Know About Suing USAA for an Insurance Claim

One important thing to know about lawsuits against large insurance companies such as Geico, State Farm, Allstate, and USAA is that where you live will impact the lawsuit. Whether the state is an at-fault or no fault state will play the largest role.

For example, Texas is an at-fault state. This means that you will file first a claim and then potentially a lawsuit against the at-fault driver’s insurance company. If your state is a no-fault state, you’d file the lawsuit against your own insurance company.

If you’re unsure of the laws within your state regarding fault, your car accident attorney can help you better understand these laws and how they affect your unique auto or motorcycle accident case.

Is Suing USAA the Same as an Insurance Claim?

Answer: No, suing USAA is not the same as filing a USAA car accident claim.

Submitting an accident or personal injury claim with the insurance provider is the first step you want to take following a vehicle crash.

The claims process typically involves:

• Submitting the claim
• Providing supporting evidence
• An inspection and evaluation performed by a claims adjuster
• A first offer for a settlement

If your claim is denied, not handled appropriately, or USAA offers a settlement that doesn’t fully compensate you for damages and losses, you may wish to proceed with filing a lawsuit against the company.

Eligibility for Filing a Car Accident Lawsuit Against USAA

In many cases, lawsuits are filed against USAA due to the provider acting in bad faith throughout the USAA insurance claims process.

Common examples of bad faith on behalf of an auto insurance company include:

• Not investigating a claim, or not investigating to its full extent
• Taking an excessive amount of time to offer a settlement amount
• Hiding or using misleading language about premiums, policy limits, or coverage in a contract
• Refusing to process a claim that lawfully deserves to be processed

If you feel USAA or their claims adjusters have acted in bad faith while handling your auto accident claim, work with an attorney to ensure your rights are upheld and you receive a fair payout.

 

What Type of Lawsuit Can You File Against USAA?

Answer: You may file a car accident lawsuit against USAA, known legally as either a personal injury lawsuit or a wrongful death lawsuit.

Here is a breakdown of these types of lawsuits:

• Personal injury: This lawsuit type is used when an accident victim suffers bodily injury in a crash and experiences losses as a result. For example, you may sue for compensation for medical treatment.
• Wrongful death: If a loved one passes away as a result of an auto accident, your attorney may recommend filing a wrongful death lawsuit to seek compensation for related losses.

If you’re unsure which lawsuit is best suited to your case, the injury law firm you choose to work with can offer you guidance.

 

Factors in Car Accident Lawsuits Against Insurance Companies

Each vehicle accident is different and will pose different factors that influence a lawsuit. However, there are some common factors typically considered when suing insurance companies.

These factors may include:

• Who was at fault for the accident
• Accident liability
• Whether you live in a fault or no-fault state
• Your state’s statute of limitations
• Whether serious injuries were incurred
• The extent of property damage
• The at-fault policyholder’s coverage
• How many motor vehicles were involved
• Level of negligence

 

How to Sue USAA Insurance After an Auto Accident

The following are common steps you can take when suing an insurance company like USAA following a car crash.

1. Reach Out to a Personal Injury Attorney

Contact a car accident attorney as soon as possible following an accident. Your attorney can advise you on your options and the best course of action given your unique case.

Your attorney can also assist you in gathering all necessary evidence needed for both a claim and a lawsuit, including recorded statements and police reports.

2. Work With Your Lawyer to Submit an Accident Claim

In nearly all cases, accident victims will need to first submit a claim with the at-fault driver’s insurance company before further action can be taken.

Once submitted, you or your attorney will work with a USAA claims adjuster to ensure all necessary information is available for evaluation.

3. Negotiate Fair Compensation

After submitting your claim, your attorney will work on your behalf with the insurance adjuster or other party’s legal representation to negotiate fair compensation for your losses and damages.

4. Submit a Lawsuit Against USAA

If a fair settlement is unable to be reached, your attorney may recommend that you file a lawsuit against USAA.

Evidence You Need to Sue USAA for an Insurance Claim

In order to successfully file an insurance claim, there are key pieces of evidence you need to submit along with your claim.

Some important pieces of evidence to include with your USAA auto accident claim are:

• Medical bills and medical records: If you suffered car accident injuries and received medical treatment as a result, your records and bills should be included with your claim. This shows the insurance company how much compensation you deserve for injuries sustained.
• Police report: The police report you receive after the accident is another important component of a claim. This piece of evidence provides information such as who was at fault, who was involved, and other important details.
• Contact information of witnesses: If there were any witnesses to your accident, it’s important to gather their contact information for insurance purposes. This allows the adjuster to reach out to the witness and obtain their side of the story.

 

USAA Insurance Coverage and How It Affects Lawsuits

There are a few primary types of auto insurance coverage offered by USAA. The type of insurance coverage you and the at-fault driver have can play a role in your lawsuit outcome.

The following types of coverage are available through USAA auto insurance policies:

• Personal injury protection: Also known as PIP, personal injury protection provides coverage for the policyholder for injuries regardless of who was at fault.
• Collision coverage: This type of coverage provides a payout for property damage sustained in an accident regardless of who was at fault.
• Liability coverage: Liability coverage is what compensates the other driver should you be found at fault for an accident.

 

How Long Do You Have to Sue USAA After an Accident?

Answer: How long you have to bring a lawsuit against USAA following an auto collision is dependent on the statute of limitations in your state.

While each state is different, many have a two-year statute of limitations for auto accident and personal injury cases. This means you have two years from the date of the accident to sue USAA.

If you fail to bring a lawsuit against USAA in that timeframe, you may be ineligible to do so. Your attorney can help you better understand how long you have and help ensure you meet all deadlines when filing a lawsuit.

 

USAA Car Insurance Lawsuit Settlements

While USAA doesn’t provide readily available information on its car insurance settlements, there is data available for all major car insurance providers that include USAA.

Some statistics related to car insurance lawsuit settlements in the United States include:

• The typical settlement for personal injury in auto accidents is around $18,000.
• The typical settlement for property damage in auto accidents is around $4,500.
• The average passenger vehicle collision coverage insurance losses were $8,736 for 2020 to 2022 passenger vehicle models.

 

Types of Damages in USAA Car Accident Lawsuits

The types of damages incurred in an auto accident can have a significant impact on the overall outcome and settlement amount in a lawsuit.

Common damages seen in car accident lawsuits against USAA include:

• Pain and suffering
• Property damage
• Loss of consortium
• Lost wages
• Medical expenses
• Wrongful death

Your accident attorney can help you decide which damages apply to your case and ensure they are included in your lawsuit.

 

USAA Auto Insurance Statistics

The following statistics and facts are related to USAA auto insurance*:

• USAA was rated number one among all insurance companies.
• USAA was rated number two in the claims handling category.
• The national average cost for auto insurance through USAA is $1,022.
• Average savings for car insurance with USAA vs. the national average is $525.

*According to data compiled by U.S. News & World Report.

 

Get Help Suing USAA After a Car Crash Today

If you’ve been involved in a car accident and feel that USAA didn’t handle your claim fairly, or worse, denied your claim, reach out to an experienced auto accident attorney.

At LegalFinders, we know how stressful life can be following a car crash, so we do the hard work for you and thoroughly vet every lawyer we recommend to our clients.

Contact us today to get connected with the best personal injury attorney for your unique case and to set up a free consultation.