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What do I do if the other driver and insurance company denies liability?

1 Aug 2017

You suffer a personal injury in an automobile accident, or your car becomes damaged, but the at-the-fault driver denies the responsibility. The at-the-fault driver’s insurance company denies the responsibility for your accident too.

When the other driver and the insurance company cannot accept being at fault, do not panic. The best course of action is to understand why there is the denial of your claim.? As per the law, the insurance company must provide reasons for refusing to compensate you for the damaged car or personal injuries.

What do the Driver and Insurer say in the Denial?

Several reasons can make the at-fault driver’s insurer refuse to honor your compensation claims. The dispute may arise even when the insurance firm agrees with your version of the events at the accident scene. First, study the response from the insurance agent.

Disputed Liability

Disputed liability, which means the insurer blames you, not the other driver. The insurer says your argument lacks merit. The insurer may reply citing lack of merit hoping that you will stop pursuing the case. There is disagreement over the version of the events leading to the vehicle accident. The insurance adjuster may have eyewitness statements that provide contradicting information.

Failure to Report the Accident within the Stipulated Time

Premiums often state the period within which you must notify the insurer about an accident. The insurer can attempt to use the time factor to evade payments.

A Lapsed Policy

When the at-the-fault party fails to renew premiums and allows their policy to fall behind schedule, the insurer will conclude that the premium holder had no coverage at the time the accident occurred. You possibly might have to result to the uninsured driver coverage to win compensation.

Policy Exclusion Clauses

Usually, the premium holders are not keen on the clauses that rule out on compensation if “acts of God” or natural events happen. To the insurance company, events such as sudden hailstorms as compared to the driver’s negligence do not warrant consideration.

The Insurance fails to Pay and Gives Reasons. Now What?

Should the insurer denies your claim, your  personal injury lawyer will study the response and try to find the loopholes to exploit in fighting the denial. For the insurance company, the goal is always to make profits, so there is an attempt to avoid payments on flimsy grounds. There is the advantage in hiring an attorney to provide legal counsel after the insurer’s negative feedback: an attorney’s application usually carries more significance than that of an ordinary citizen to the insurer.

The Personal Injury Lawyer Demand Letter

First, your  attorney will write a demand letter-a formal claim that outlines the reasons you deserve an award for the personal injuries or vehicle damage. The demand letter should include the amount of money you merit. The insurance underwriter quite often gives the following replies:

• The insurance firm can provide the detailed explanations for the refusal to pay for damages.
• The insurer may reverse the initial decision and offer a portion of your demands.

Sometimes, the insurer can engage in illegal practices, and your legal representative will ensure the claimant gets justice. For example, law demands that the insurance firm cannot deny you compensation without carrying out investigations into the causes of the accident.

Personal Injury Firm Appeals Process

Many insurers have an appeal opportunity after the denial of personal injury claims. Depending on the response the insurance gives, your legal advocate will file a formal appeal process. The petition opens the chance to reach an agreeable settlement. The claimant and the at-the-fault party can involve an arbitrator to resolve the compensation dispute.

File a Personal Injury Lawsuit in

When the insurer is adamant and still refuses to accept liability for the personal injuries, Your legal counsel will weigh the basis on which your claims rest. If your lawyer opines that you can successfully sue the at-the-fault driver and the insurer, he or she will advise that you file a court case. However, the  personal injury lawyer may think you will spend more money than what you get as settlement and recommend you to close the case. The best thing is to seek a free personal injury evaluation from an lawyer before you start the claim process.

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