Following a vehicular accident, you might not be surprised to learn that the at-fault driver’s insurance company is denying liability. This is very common and usually due to not wanting to compensate you for your losses. Perhaps you have tried to recover damages on your own and have been told that the other party is not to blame. In this case, the insurance company may be refusing to pay for your losses. You might feel upset, confused, or unsure about what to do next. As a personal injury lawyer, there may be steps you can take.
Tips to Consider
Before you make any moves, you should consider the following tips:
Ask the See the Statute, Regulation, or Rule
If the insurance company is denying your claim based upon a rule, statute, or regulation, that allegedly proves they cannot be held liable, you should ask them to send you an authentic copy of this rule. An opinion letter from their lawyer or adjuster is not sufficient enough. Review what they send to you to help you to determine whether it is true, and if it can be applied to your situation. Many laws can be interpreted in several ways; therefore, it is advisable to ask a lawyer for their opinion.
Ask for Evidence or Proof
It is the duty of the other party to prove they are or are not at fault for the accident. If the insurance company is refusing to take the fault, you have the right to ask them why they are saying this. You can then ask them to prove how they are not at fault. They might proceed to show you photos, a police report, witness testimony, or so forth. Remember, the insurance company or driver is legally required to submit all evidence. Nothing can be concealed. You also have the right to review their evidence. Even if the proof supports what the insurance company is telling you, it doesn’t mean that you don’t have a closed case. For example, if the police report does not specify who may be at fault, the insurance company may use this against you. Even so, there may be other form of evidence to suggest you are not to blame. A situation like this can get complicated and it is best suited to a personal injury lawyer.
Talk to Your Own Insurance Company
If you have exhausted your resources and cannot get the other party’s insurance to cover your losses, you might consider talking to your own insurance company. They might recommend you file a complaint; afterwhich, they may cover your damages.
Talk With a Personal Injury Lawyer
Not all cases will require the assistance of a personal injury lawyer. In general, if you’ve sustained significant losses, you should consult a Milwaukee personal injury lawyer.
Thanks to Hickey & Turim, SC for their insight into personal injury law and dealing with insurance companies.