As a victim, you might expect the at-fault driver's insurer to cover your expenses. However, many victims are faced with a denial of an expense they were sure would be covered. Read on to find out what might happen when a claim is filed and how to get those denied claims rectified to your benefit.
You might have to put up with several excuses from the other driver's insurer. If you encounter any of the below excuses for not paying a claim, take it as a sign that you need a personal injury lawyer. They can help you overcome any alleged or fake issues and get you paid. Even if the excuse is legitimate, your lawyer can help you pursue alternative routes to compensation.
Someone Else Did It
In this case, the insurer is alleging that the car accident was not caused by their driver and that it was caused by something else. That could be true, but you must still pursue the claim against the driver that caused the accident. For example, the other driver may be alleging that their brakes failed, which is a common excuse when an accident occurs. That could mean an automaker or a brake manufacturer is to blame for the accident. This issue must be investigated and it's on the other side to prove that a third party is at fault. Speak to a personal injury lawyer and let them deal with this complex issue.
You Are at Fault
One way to avoid paying on a claim is to accuse you of causing the accident. Fault in an accident is not always apparent. The officer at the scene of the accident will do an initial investigation and prepare an accident report. That report will list a lot of important information. You can expect to see a drawing of how the accident occurred. The information for the report comes from drivers, passengers, and witnesses to the accident. This report is not admissible in court, but it does carry a lot of import when it comes to the question of fault. If you are being accused of causing an accident, you will need a lawyer to not only defend you but to seek compensation from the other driver.
The Driver Was Not Insured
Even though the vehicle might have been covered under a policy, that doesn't mean the driver that was driving at the time is covered. You may not be able to take action against the insurer, but you can still seek damages from the driver. Drivers who cause accidents can be sued. Their bank accounts can be frozen, their real estate can have liens placed on them, and their wages can be garnished.
Reach out to a law firm near you, such as Borbi, Clancy & Patrizi, LLC, to get more advice.