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What Do I Do If the Other Driver and Insurance Company Deny Liability?

31 Oct 2016

If you are in an accident that you did not cause, you are generally entitled to compensation from the person who hit you. However, the other party to the accident as well as his or her insurance company may try to deny your claim. What should you do if this happens after you are involved in a car accident?

Contact Your Insurance Company

The first step is to contact your own insurance company to see if there is any way that they can help. It may be possible for your coverage provider to work with the other person’s coverage provider to get paid as per the law and per the terms of the policy that the other driver had. It may also be possible for your insurance company to provide a legal defense if you have to then resort to making a claim on your own policy to get paid.

Is Another Party Responsible for the Accident?

There are times when the person who hit you isn’t responsible for the accident. For instance, if bad road conditions caused a driver to swerve or otherwise cross into traffic, it could be on the government to make you whole.

The other driver may also not be responsible if the car that he or she was driving suffered a mechanical issue or some other defect that he or she couldn’t possibly have known about. If that is the case, it may be necessary to take action against the manufacturer of the vehicle.

Finally, the owner of the vehicle may not be the person actually driving it at the time of an accident. If another person took the vehicle without permission, the owner of the car as well as his or her insurance company may decide that they are not liable for damages according to the law.

Talk With An Attorney About Your Rights

After you are injured in a car crash, you are entitled to compensation in the event that you weren’t at fault for it. Therefore, it is a good idea to talk with an attorney who may be able to help you determine who is at fault and pursue legal action against that person.

In the event that the other driver isn’t liable, you will need to file a motion against the third-party who is. If the other driver is only partially liable, it is still a good idea to pursue whatever compensation you can get and are legally entitled to. Even if multiple parties are liable, you will still get your payment in one lump sum.

From there, the parties deemed liable will have to determine on their own how much each is willing to pay. When the other driver or other responsible party doesn’t have insurance or doesn’t have enough insurance, an attorney may go after personal assets to get you paid.

Denial of Liability Could Be Used as Leverage

Drivers are taught never to admit guilt after a car accident as it may reduce whatever leverage that they have in a personal injury case. Therefore, the person who hit you and his or her insurance company may know that they have to pay for your medical bills and other associated costs.

What they may be hoping for is that you will cave or fold if the case takes too long to settle. Your attorney can advise you as to whether a settlement offer is worth accepting if one is made. However, it may be best to take the case to trial or continue settlement talks until you get what you want or need regardless of the other side’s position.

While it’s never easy to hear someone deny responsibility after you have been involved in a car accident, it doesn’t meant that your case will be impossible to win. In many cases, it is simply a stalling tactic aimed at getting you to accept a lesser deal. However, if you find yourself in this situation, call your insurance company and your attorney to learn your rights and preserve them as best as possible.

Need legal help? Our Los Angeles car accident attorneys and Los Angeles personal injury attorneys are available to help whenever, and wherever, you need it.

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