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

No one wants to take the blame for a traffic accident, especially if it means paying compensation. After an accident, you may struggle to get the other party’s insurance company to accept fault and compensate you for any losses. If the at-fault driver’s insurance won’t pay for your losses, there are steps you can take to receive the compensation you’re entitled to.

Ask to see the rule or statute

If the other party refers to a certain rule, statute, or regulation that proves they are not at fault, ask them to send it to you. Make sure that they send you a copy of an authentic legal statute or rule, and not simply an opinion letter from a lawyer or insurance adjuster. Read the rule or statute closely to determine whether or not it applies in your case, and whether or not it clears the other party of fault. Often, a law can be interpreted multiple ways.

Ask for proof

The other party in an incident is required to provide proof demonstrating that they are or are not at fault. If the other driver and/or insurance company is not accepting liability, ask them why they believe their party is not at fault. Then ask for proof. This could be photos, a witness’ account of what happened, the police report of the incident, or something else. The other driver or insurance company is not allowed to conceal any evidence they have that the incident wasn’t their fault. You’re entitled to proof, and once you have the other party’s documentation, you can decide for yourself which way the evidence points.

The proof you’re given may support the other party’s claim, but that doesn’t mean the case is closed. Often, an insurance company will claim that the police report didn’t specify the accident was their client’s fault. While that may be true, it is not conclusive proof of who is at fault and who is not. If you believe the other party is at fault, then you’ll need to find evidence to support your claim.

Talk to your insurance company

If you can’t get the other party to accept liability, you might try calling your insurance company to see if they can help. They may advise you to file a complaint with the other party’s insurance company, and they may decide to pay for your damages and medical bills, then fight the other party’s insurer for reimbursement.

Hire an attorney

Hiring an attorney may not be necessary in every case, but if the other party denies liability for an incident in which you have sustained heavy damages, you may want to take your claim to court so you can receive compensation for things like property damage, medical bills, and pain and suffering. With a strong attorney on your side, you may not even need to go as far as court. Often, if an attorney can prove that an accident was the other party’s fault, the other insurance company will offer a settlement so that they won’t have to go to court. You can take the first step today and contact us for a no-obligation consultation before you speak to any insurance adjuster or sign any forms.

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