A Public adjuster cannot sue an insurance company. Only an attorney can, so the right call depends on how far your claim has gone.
A Georgia Public adjuster works on the claim itself: the damage, the estimate and the talks with your insurer. However, when the insurer denies, stalls or underpays a covered loss, the next step may belong to a lawyer. This post explains where each job starts and stops.
Who can sue an insurance company in Georgia?
Only a licensed attorney can sue an insurance company for you. A Public adjuster is not a lawyer, so a Public adjuster cannot file a lawsuit or argue your case in court.
That limit does not make Public Adjusters less useful. It simply marks where one job ends and the other begins. Some claims settle once the damage is well documented. Others stall anyway.
What a Georgia Public adjuster does
The Georgia Department of Insurance licenses Public Adjusters, and they work independently of your insurer. A typical job has three parts:
- Document the damage. This means photos, measurements and a list of damaged belongings.
- Prepare the estimate. The result is a line-by-line figure for repairs and replacement.
- Negotiate the claim. The adjuster talks with your insurer to resolve differences over scope and amount.
This work can help with an underpaid or delayed claim, especially when the gap comes from missing paperwork. However, negotiation has a ceiling. If the talks fail, a Public adjuster cannot sue an insurance company.
What a bad-faith demand under O.C.G.A. 33-4-6 does
Georgia’s O.C.G.A. 33-4-6 deals with an insurer that refuses to pay a covered loss. It involves a formal bad-faith demand against the insurer, and an attorney enforces that demand.
So if an owner needs to sue an insurance company, an attorney handles both the lawsuit and the demand. Whether the law fits your claim is a question for an attorney, not a blog post.
Signs you may need to sue an insurance company
No checklist can say whether you should sue an insurance company. However, these signs suggest negotiation may have run its course:
- A flat denial that the policy language does not seem to support
- Repeated delays with no clear reason
- Photos, estimates or receipts that the insurer ignores
- An offer that stays the same after you send proof
None of these signs means a lawsuit is certain. They do mean an attorney should look at your file. Because deadlines apply to claims and lawsuits, talk to an attorney promptly rather than waiting. You can read about Georgia property insurance claim deadlines, but only an attorney can tell you how they apply to you.
If the insurer already denied the claim, our guide on what to do after an insurance denial covers the first steps.
Public adjuster or attorney: which comes first?
Start with the problem, not the title. If the dispute is about the size of the estimate, better documentation can move it. If the insurer denies a covered loss outright or stops responding, you may need a lawyer who can sue an insurance company.
For example, an insurer might pay for a burst pipe repair but refuse the damaged flooring without a clear reason. A Public adjuster can document the flooring and negotiate for it. However, if the insurer still refuses and the policy seems to cover the loss, an attorney matters.
Because only an attorney can go to court, we lead with an attorney. A licensed Public adjuster is a solid second option when the main need is documentation and negotiation.
Is there an upfront fee to talk to an attorney about suing my insurer?
Cost keeps many owners from calling a lawyer. However, attorneys who specialize in insurance-related damage claims commonly work on a contingency agreement, so there is no upfront fee. Ask to see the agreement and read how fees are handled before you sign.
Also, a conversation with an attorney is a good way to learn whether you should sue an insurance company at all.
How we connect you with the right help before you sue an insurance company
We start by listening to all of the particulars of your claim. If an attorney turns out to be the right move, we know a handful of the very best attorneys in the insurance damage space, and we are happy to introduce you. Call Now! (404) 737-7033
First, we connect you with an insurance claim attorney who works on contingency. That is the right starting point for a claim that may end in a lawsuit. Second, we can connect you with an independent licensed Public adjuster in Georgia when your claim needs documentation and negotiation.
Call (404) 737-7033 to talk to a live person, day or night.
Sue an insurance company: common questions
Can a Public adjuster take my insurer to court?
No. A Public adjuster cannot sue an insurance company or argue your case in court. Only an attorney can file that lawsuit.
Do I need an attorney if I already hired a Public adjuster?
Not always, because many disputes are about documentation and the amount of the estimate. If the insurer denies a covered loss or stops responding, talk to an attorney promptly about whether you should sue an insurance company.
Is there an upfront fee to talk to an attorney about suing my insurer?
Attorneys who specialize in insurance-related damage claims commonly work on a contingency agreement, so there is no upfront fee. Read the agreement carefully before you sign.
Who sends a bad-faith demand to an insurance company?
An attorney enforces a bad-faith demand under O.C.G.A. 33-4-6. A Public adjuster cannot do that, so an owner who wants to sue an insurance company needs a lawyer.