After a car accident, you need to know who will pay for the damage you suffered. Between medical expenses, car repairs, and loss of wages, you probably have quite a few bills piling up. In order to handle those immediate expenses, you need to know if your insurance will be paying, or if the other driver’s insurance will take responsibility. However, in order to determine who pays the expenses, you first need to determine who was liable for the accident. If neither party admits that their driver was liable, you might have to take the issue into your own hands by bringing it to court.
If your insurance company and the other driver’s insurer both deny liability after your car accident, you need to act fast to ensure the at-fault party pays for the damage you suffered. To find out how, read below.
How is Liability Usually Determined?
In order to prove liability, you need to present your case to your insurer. Your claims should be supported by evidence, which may include police statements, witness testimonies, pictures, traffic videos, and other forms of credible proof. Ultimately, if you were not liable for your crash, you want to prove to your insurance company, and the other driver’s insurance, that you were not responsible. Ideally, once you’ve proven that the other driver was liable, his or her insurance will take responsibility and pay for your damages. However, if they deny liability, you might be left wondering who will pay for your expenses.
If a claim is denied, you could attempt to appeal their claim with the help of a seasoned attorney. Presenting more evidence or new expert testimonies could help your case and might lead the insurer to concede fault. In cases like these, working with an attorney is absolutely instrumental. Their guidance, resources, and legal knowledge of automobile insurance laws in your state can help identify useful legal strategies and arguments, strengthening your case and helping you secure the compensation you need.
Going to Court
When all else fails, you will likely have to take your case to court. When the insurers refuse to pay for the damages, or if they offer compensation that does not adequately cover what you’re owed, your attorney may advise you to file a lawsuit against the responsible party.
With a lawsuit, you’ll be able to take legal action against the individual or company responsible for causing your accident. The liable party might be the other driver, although it could be a construction site owner, trucking company, or property owner. For example, if the crash occurred near a construction site where debris had littered the road, the site owner or manager could be liable.
Need help with your car accident case? Contact Rosenberg & Rosenberg, P.A. to schedule a free consultation with our firm.