What Happens if Fault for an Accident is Disputed?

Sep 20,2018

You were injured in an accident that wasn’t your fault. You went to the doctor, you filed your claim with the at-fault party’s insurance company. You went through all the steps you were supposed to. But now you are being told that the other driver is denying liability for the crash.

Unfortunately, this is not an uncommon occurrence. An at-fault collision will almost certainly increase the driver’s car insurance rates, so many drivers believe it is in their best interest to deny that the accident was their fault. The reality is, though, any driver can try to claim they were not at fault for the crash. That does not absolve him from liability. However, if his insurance company sides with him and refuses to pay a claim, it will be your responsibility to prove that the other driver was at fault.

Proving Fault in an Accident

If it gets to this point, it is a good idea to consult with a personal injury attorney about your case. Personal injury attorneys are experienced at dealing with insurance companies, which routinely attempt to deny liability to avoid paying claims. Your attorney will investigate the accident, gather evidence, interview witnesses, and possibly have an accident reconstructionist recreate the crash. The attorney will then present the evidence to the insurance company and negotiate a settlement.

Filing a Claim with Your Own Insurance Company

Your other option for dealing with disputed liability is to file a claim with your own insurance company. In some cases, if you can prove to your insurance company that you were not at fault for the accident, your insurance company may subrogate. This means that they will attempt to recoup the cost of your expenses from the other insurance company. If your insurance company does not pursue subrogation, though, you will not be reimbursed for the deductible you paid, and you may face increased insurance premiums.

“It can take a lot of work to prove liability in some cases, but our firm has many years of experience in dealing with these issues and negotiating with insurance companies,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, El Centro, and Yucca Valley, and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.