What Can I Do When The Other Driver’s Car Insurance Denied Liability When It Was Their Fault?
I was in a car accident and it clearly was not my fault I had a witness watch the whole thing. I do not have full coverage and liability was rejected by the other driver’s insurance. Where do I start? Any websites or anything would be very helpful. I can only find injury lawyers and I’m not injuried. HELP PLEASE!
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November 12th, 2009 at 10:52 am
Any lawyer can file suit for you. It does not have to be an “injury” lawyer. If you have a witness who is willing to testify, you may have a good case. Contact your state bar association for a referral to a lawyer.
If the repair cost is below the limit for small claims court, and your jurisdiction allows accident cased in small claims, you can file that without a lawyer
November 12th, 2009 at 12:50 pm
Was there a police report filed?? If not, that was a mistake. If you did have the police make a report, however, you can pick that up at your local Highway Patrol or Sheriff’s Office. Typically the cops will rule on fault. You can fax that to the other guy’s insurance, and show them that you were not at fault. Give one to your insurance company as well. That way, if he tries to claim the repairs under your insurance, they can just reject his claim, and he’ll have to take them to court. Any judge will throw the case out the moment he sees a report stating that you’re not at fault. Good luck!
November 12th, 2009 at 4:01 pm
In order to get an answer that actually helps we need more info. There are too mnay blanks here for anybody to give you any advice that will get you started.
What are the accident facts?
Is the witness independent or did they know you before the accident?
What state did it happen in?
What was the exact reason for the denial by the other company?
I also suggest that you ignore the people telling you to get an attorney. I have seen so many people do this and lose their butts on it. The attorney is going to charge you and you can’t add those charges to your claim, so you lose money even if the attorney gets the other company to pay. If you 3K of damages to your car and the attorney collects that you have to pay them 30 to 40% of the 3K. Then you don’t have enough money to fix the car. That makes no sense to me but I see people do it all the time.
Edit your question to give us more info so we can try to help.
November 12th, 2009 at 7:24 pm
Just because the other guy was at fault, does NOT mean that he was covered under the insurance!!
So, you will have to sue them in court.
Keep in mind, that fault is determined by STANDARDS, and you very well might be at fault, after all, even if you and the witness feel that you aren’t.