How Do You Fight a Car Accident Claim That’s Not My Fault?

How Do You Fight a Car Accident Claim That's Not My Fault?

Car accidents are traumatic, painful, and expensive. While skilled drivers do everything possible to stay safe on the road, avoiding a collision is not always possible. The situation gets even more complicated when someone else is to blame.

In a perfect world, the negligent driver would accept fault and compensate the innocent party for damages. However, accident claims don’t always go as planned. An insurance company might decide you should pay or even deny the claim entirely. The victim may need to get help at and hire an attorney. Follow these steps to fight a car accident claim:

Step 1: Gather Evidence

Every car accident leaves a trail of evidence. Immediately following a collision, it’s crucial to begin a paper trail. Start by calling the police to file a police report. The responding officer will decide who they believe is at fault, and they may even give the driver a citation. The facts in the report will also help create a solid case.

A police report isn’t always enough proof. That’s why victims should also take photographs of the scene and try to locate any eyewitnesses. Photos of the damage and roadways will help recreate the event, and eyewitness testimony provides a neutral account of what happened. This evidence will be especially beneficial if the claim ever goes to court.

Step 2: Submit an Appeal Letter

Insurance companies aren’t infallible. Although they try to make decisions based on the facts, they don’t always make the right call. After all, the insurance adjuster didn’t witness the accident. Sometimes, the insurer doesn’t have enough proof to find the negligent party at fault. In other cases, the at-fault driver doesn’t have insurance coverage. Either of these situations may result in a low settlement or claim denial.

All hope isn’t lost if the insurance company doesn’t rule in the victim’s favor. Instead of accepting the outcome, the victim can present new facts to argue their decision. A well-written appeal letter should clearly state why the insurance company should cover any lost damages or medical bills. The paper trail created when gathering evidence will help a lot.

Step 3: Sue the Insurance Company

Many drivers don’t realize they can actually sue their own insurance company if they refuse to cover a claim. Why would anyone want to sue their insurance agency? There are a few reasons. For instance, if the negligent driver doesn’t have liability coverage, the victim’s insurer may deny responsibility. With nearly 32 million uninsured drivers in the US, this is common. Even if the innocent driver has uninsured driver coverage, the insurance company may only offer a tiny settlement.

Suing is sometimes the only option. Of course, suing is a tedious process, and it’s best to hire an attorney who is familiar with auto accident claims. Winning a lawsuit requires plenty of evidence. Some attorneys may even call in expert witnesses, such as medical doctors or accident scene specialists, to help build the case.

Reverse an Insurance Claim Decision

Proving a negligent driver is at fault isn’t always an easy task. Some drivers will refuse responsibility and leave it up to the insurance companies to decide. However, innocent victims often find themselves with unexpected bills and denied claims. Gathering evidence at the accident scene, submitting an appeal letter, and suing the insurance company will help the victim fight a car accident claim.

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About the Author: Barry Lachey

Barry Lachey is a Professional Editor at Zobuz. Previously He has also worked for Moxly Sports and Network Resources "Joe Joe." he is a graduate of the Kings College at the University of Thames Valley London. You can reach Barry via email or by phone.