Dealing with the pain from a car accident is enough trouble. Receiving a letter that the insurance company disputes liability compounds the misery. But that’s not the end of the road.
Expert guidance from a lawyer can help put things back on track. With the help of a car accident attorney, you can build a watertight case that the insurance company will find difficult to contest.
Why do insurance companies dispute liability?
Car accident liability disputes are pretty common. Insurance companies dispute liability because they are for-profit businesses and do not enjoy losing money to injured victims. The less they pay out, the more profitable they stay. So even in spite of your glaring injuries, medical records, and police report, the insurance company can claim that their insured customer was never at fault for the crash.
They may even try to pin blame on you. For example, they might say you should have honked, slowed down, or turned the other direction when you saw the incoming speeding car. All that the insurance company is trying to do is reduce payout. In states where comparative negligence is practiced, the amount of compensation you’re awarded is reduced according to your percentage of fault in the accident.
So the insurer tests your resolve, knowing this is probably your first time dealing with personal injury cases, and you may not fully know your rights.
This is a bad-faith practice. If you notice that the insurance company is acting in bad faith and refusing to offer what you believe you are owed, do not hesitate to hire the services of a skilled car accident attorney. The presence of a reputable attorney often compels insurers to act more responsibly.
That is the best way to handle a car accident liability dispute.
How is liability determined?
Lawyers and insurance adjusters look at certain things when determining fault or liability. Fault could be as clear as a traffic violation such as running a red light or speeding. Traffic violations carry heavy weight in liability calculations because they’re illegal.
Negligent acts, although not illegal, also count when establishing liability. For instance, failing to use the indicator light before making a turn.
Suppose the other driver ran a red light, coming at a significant speed towards your car. You were just about to make a right turn. You ignored using your indicator light, unaware that a car could be approaching from behind since all the vehicles had stopped. The speeding car bumps into your rear.
You filed a claim.
The driver and their insurance adjuster might dispute liability, saying it was your fault for failing to use your rear indicator light. It’s a fair contest, but do not back down. They directly violated a traffic rule by running a red. This may lead to a case known as shared fault or comparative negligence.
Comparative negligence
The comparative negligence rule works by acknowledging the role each driver contributed to the accident. If you are found to be 20% at fault, your car accident claim reduces by that amount.
For example, in the example above, suppose your injuries and losses amount to $100,000. If you contributed 20% to the accident, you’d not be awarded the full $100,000. Instead, you walk away with $80,000.
Comparative negligence works differently across states, so you’ll want to check your state laws to know how it may apply to your case.
Some collisions are so complex that witnesses will form conflicting opinions of who was at fault. Even surveillance footage may not tell the full story.
The thing is, insurance adjusters are not bound by any crash report or witness statement. They’ll go ahead and find any straw to grab on to accuse you. If one out of seven witnesses spoke against you, those are the words the insurance company will likely carry along to pin blame on you.
What if you’re determined to be at fault?
If you’re determined to be 100% at fault in a car crash, the other driver’s insurance company will not pay you anything, no matter the extent of your injuries.
If you live in a no-fault state, then it doesn’t matter who was at fault; your Personal Injury Protection (PIP) and Collision Coverage should cover you. But in an at-fault state, you should check whether the other driver is filing a claim against your insurance company.
If they are, your insurance company should handle the matter and defend you by disputing liability.
If in any event you have reasons to believe the other driver contributed to your accident, do not hesitate to reach out to a Orlando car accident lawyer to explore your options. Their guidance will be useful in determining whether you have valid grounds for pursuing a clam.
Seek legal support
The one thing you should do when navigating a car accident liability dispute is to call a lawyer quickly. They have the hands-on experience that no amount of reading legal blogs can provide. Insurance companies are affluent enough to hire seasoned defense attorneys. You don’t want to stand up to them without any legal backing. Consulting a car accident lawyer early gives you the best chance of countering a liability dispute before it damages your claim.
This content is provided for informational purposes only and is not a substitute for professional advice. AFP editorial staff were not involved in the creation of this content.
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