What to do if I was hit by a insured driver and their insurer may deny the claim?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was hit by a insured driver and their insurer may deny the claim?
The guy admitted to me and his insurance company that it was his fault. However, now the insurance is saying it’s my fault and threatening to deny the claim.
Asked on June 20, 2014 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can sue him. His insurer is *not* a court--that is, its opinion is just its opinion; it has no legally binding effect. If they choose, for whatever reason, to not compensate you (whether they honestly believe it was your fault, or cynically just want to avoid paying), but you feel that their driver was at fault in injuring you and/or damaging your vehicle, your recourse is to sue the other driver and prove in court (whether through testimony, police reports, photographs, etc.) that the other driver was at fault and caused your damages. If you can prove that, you'll get a court judgment (order that he has to pay money) in your favor; and/or if your case looks solid, he or his insurer may elect to offer to settle at some point, rather than go through the expense of litigation.
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.