What to do if I got into an auto accident and filed my claim but now the other party’s insurance is denying they are at fault?

UPDATED: Feb 24, 2012

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What to do if I got into an auto accident and filed my claim but now the other party’s insurance is denying they are at fault?

The other driver was carrying a load of wood pallets and they flew off and hit my car. I called the police and they made a report. I contacted my insurance company and the other drivers as well. The other drivers insurance company is denying that anything happened and there was no damage to my car, Why would the other driver get cited for failure to secure your load if nothing happened? Do I need to get a lawyer or wait it out?

Asked on February 24, 2012 under Accident Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your own insurance will cover your loss, you may want to let your insurer indemnify you--as long as you are paid, you don't care who pays, and there's a benefit to following the path of least resistance when possible, and not incurring litigation costs.

But if your insurance doesn't cover the loss, you could sue the other driver. You do NOT need to take their insurer's finding as gospel--it's not a court determination, and the other insurer has a strong incentive to conclude there's no liability (they don't want to pay, after all). If the other side and/or its insurer does not pay voluntarily, but you believe they are at fault, your recourse is to file a lawsuit. If you can prove their fault, such as by witness testimony (including your own), a police report, or other evidence, you could recover your costs or losses.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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