Can You Sue Cincinnati Insurance After an Accident in Indiana?

May 10, 2024 | Car Accidents

Can You Sue Cincinnati Insurance After an Accident in Indiana

Four independent agents worked together to form The Cincinnati Insurance Company in 1950. It has since become one of the largest property and casualty insurers in the United States and has billions of dollars in declared assets. The company is now part of Cincinnati Financial, a Fortune 500 company with more than 5,000 employees. The Cincinnati Insurance Company sells insurance products in 45 states, including Indiana.

If you are involved in an accident and you or the other driver has Cincinnati Insurance, you might wonder whether you can sue the insurance company. An experienced Indianapolis car accident attorney can explain your legal options. Contact Fountain Law Firm, P.C. to learn more during a free case review. 

Cincinnati Insurance Coverage

Cincinnati Insurance offers various insurance products and financial tools to consumers, including:

  • Property/casualty insurance – This type of insurance coverage compensates policyholders for covered losses through their auto, home, or other property insurance. 
  • Commercial lines – Commercial lines are available to protect businesses. Specifically, Cincinnati Insurance offers commercial car and truck accident insurance, as well as insurance to cover premises liability claims, such as if someone slips and falls in a business. 
  • Life and disability insurance – Life insurance provides benefits to a named beneficiary upon the policyholder’s death. Short- and long-term disability insurance covers losses stemming from disability. 
  • Investments – Like many insurance companies, Cincinnati Insurance offers annuities and other financial investments for their consumers. 

Cincinnati Insurance Claims Process 

While every accident claim is unique, the general process of filing an insurance claim with Cincinnati Insurance will follow these steps: 

Reporting the Accident 

The claim officially begins when you report the accident to the insurer. The insurance company representative gets basic information about the accident and the insured. A claim file is opened, and a claims adjuster is assigned to the case.

Accident Investigation 

The insurance adjuster investigates the accident to determine the following information:

  • Who was at fault
  • Whether the company had a policy that applies under the circumstances
  • The extent of the insured’s liability

If their fault was totally clear, for example if there were independent witnesses or their driver admitted fault to the police officer, the adjuster will aggressively try to settle it with you.  That doesn’t mean that the settlement will be fair.

Cincinnati Insurance tends to push back more on liability issues than other insurance companies. Its agents are trained to blame the accident victim for the collision or find other ways to deny the liability of the insured. After all, suppose they can argue that their insured is not responsible for the accident. In that case, Indiana law does not impose liability against them or their insured since Indiana is an at-fault state for car accidents. The driver found to be the majority at fault for the accident is financially responsible for compensating the victim to the extent of their liability. 

Because the insurance company is only interested in protecting its financial interests, you must work with a personal injury attorney. An experienced attorney can conduct an independent investigation to uncover evidence to establish fault and the full extent of your damages. 

Demand Letter 

Your car accident lawyer can make a claim within policy limits that fairly compensates you for your medical bills, property damage, lost wages, and other damages. They can prepare a detailed demand letter that explains the following information:

  • How the accident occurred
  • Why the insured is legally responsible for your damages
  • The types of damages you suffered
  • The amount of compensation you are willing to accept to resolve your claim


Cincinnati Insurance uses special software to evaluate the value of your injury claim. However, this software often uses average amounts that are biased in favor of the insurer to estimate a lower settlement amount. The insurance adjuster may make an offer that is lower than your personal injury lawyer’s demand. 

However, your attorney can counter this and demand more compensation. Cincinnati Insurance does not typically have in-house lawyers for individual states. Instead, they contract out to other firms, which can make litigation costs higher. However, this can also create an incentive for the insurance company to settle the claim. Your lawyer can leverage this information to fight for a fair settlement. 


In some circumstances, it may be necessary to file a complaint, such as if the insurance company does not offer a fair settlement or is denying responsibility. You file this complaint against the at-fault driver, not Cincinnati Insurance. 

However, if Cincinnati Insurance is your primary insurer and denies your claim, you may be able to file a lawsuit against it. The accomplished legal team at Fountain Law Firm, P.C. has extensive experience fighting on behalf of claimants. We are prepared to fight for the compensation Cincinnati Insurance owes you. 

Even when a claimant files a lawsuit, this does not necessarily mean the case will go to trial. Only a very small percentage of personal injury cases are tried. There may be multiple opportunities to resolve your case before trial through mediation or negotiations. The goal of your Indiana car accident lawyer is to help you obtain the best result possible based on your case. Contact us today for a free, no-obligation case consultation. 

Reasons Insurance Companies Deny Claims 

Cincinnati Insurance and other insurance companies use various tactics and strategies to deny or minimize claims. Some reasons are legitimate, while others are not. Common reasons insurance companies deny claims include:

No Coverage Under the Policy

The claims adjuster may state that you did not have coverage under the terms of the insurance policy. For example, you may have forgotten to pay the bill, and the insurance lapsed. Or, a policy exclusion applies, such as a person who was excluded from the policy was driving at the time of the accident. Lack of coverage is a common reason why insurers deny claims, so you must have a legal professional review the terms of your insurance policy when you file a claim. 

Application Errors 

Sometimes, insurance agents will meticulously review your insurance application to try to find any inconsistency they can use to deny your claim. While some application errors may provide a legitimate basis for a claim, sometimes, this approach is simply a ruse for the insurance company to try to avoid paying a valid claim. An experienced lawyer can review your policy and application to determine if there is a genuine issue or whether the insurance company is acting in bad faith.  

Insurance Fraud 

Sometimes, insurance adjusters will claim that their policyholders are trying to commit fraud – even when there is no basis for this claim. They hope that the insured will simply drop the claim out of fear of criminal penalties. 

Claim Errors

Errors can sometimes arise during the claim process. For example, a claim notice provision may state that you must notify your insurer within 24 hours of an accident. If you miss this timeline, the insurance company may state that you have forfeited your right to make a claim. In other situations, the insurance adjuster may state that you did not fill a form out correctly or that you did not provide the requested information within a specified time. 

An experienced lawyer can review these claims and help argue in your defense, such as that you made a good-faith effort or that it was impossible for you to comply with the requirement because you were under medical care. 

Bad Faith Denial 

Sometimes, the insurance company does not have a valid reason to deny your claim. The insurer may act in bad faith by ignoring its obligation to you as a policyholder and only considering its financial interests. Signs that Cincinnati Insurance is acting in bad faith include:

  • The insurance adjuster points to language that does not exist in the policy or is irrelevant to the case.
  • The claims adjuster fails to investigate the accident or only completes a cursory investigation.
  • The insurance company does not return your phone calls or respond to your written communications. 
  • The insurer fails to offer a reasonable settlement for your claim.
  • The insurance company denies liability even when it is clear. 
  • The insurance company unnecessarily delays your claim simply to make you exasperated and more likely to accept any settlement offer. 
  • The claims adjuster fails to decide on approving or denying the claim within a reasonable timeframe.
  • The insurance company fails to hire a lawyer to defend you against claims you negligently caused the accident. 

The Indiana Unfair or Deceptive Acts and Practices statute prohibits conduct of this nature and imposes civil penalties for insurance companies that violate the rules. If you suspect Cincinnati Insurance wrongfully denied your claim or otherwise acted in bad faith, contact an experienced car accident lawyer today who can advise you if you have grounds to file a bad faith claim.

Damages You Can Recover in Indiana Personal Injury Claims

If you were injured because of another party’s negligence or Cincinnati Insurance has issued a bad faith refusal for your claim, you may be able to recover compensation for:

  • Medical expenses related to the accident, including ongoing and future medical care
  • Lost income
  • Reduced earning capacity
  • Property damage
  • Pain and suffering
  • Reasonable defense expenses (if Cincinnati Ins. failed to hire a lawyer to defend you)

An experienced personal injury lawyer can review your situation and help you take legal action to recover fair compensation. 

Fountain Law Firm, P.C. Can Help with Your Insurance Claim

If you were injured in an accident and Cincinnati Insurance has denied your claim, Merry Fountain and the Fountain Law Firm, P.C. want to help. We know what it’s like to have your life derailed by the negligence of others. Contact us today for a free case review. You can reach us by calling (317) 608-5226 or filling out our online contact form.