What if the Other Driver’s Insurance Disputes Liability for An Accident?

Sometimes, the thought of dealing with a car insurance claim after an accident can either calm us down or scare us.

While we hope our claim isn’t denied, it’s possible. However, you can take steps to appeal the decision and get the compensation you deserve.

Know what to do if the other driver’s insurance disputes auto liability.

Why Would an Insurance Company Deny My Claim?

The job of an insurance claims adjuster is to gather all the evidence related to the auto claim and decide who is at fault, who needs to pay what, and so on.

While that seems straightforward, they are still working on behalf of their company, so if they can find a way to wiggle out of payment, they will. The insurer might deny your claim based on the following circumstances: 

  • The Other Driver Is Not Covered Under the Policy – Suppose someone has insurance on their car but lets another person borrow it, and the borrower causes an accident. In that case, the insurance company might not be liable.
  • The Other Vehicle Is Not Covered Under The Policy – Someone might have an excellent auto policy but has yet to cover their new car on it and gets into an accident.
  • The Other Driver’s Insurance Lapsed – This happens when a driver forgets to renew their policy, so the company is under no obligation to pay.
  • The Other Driver Did Not Have Insurance – All drivers are legally obligated to carry auto insurance, but some ignore that rule.
  • The Total Claim Exceeds Their Policy Limits – If you have $10,000 in damages, but the other driver is only insured for half of that, their insurance might only pay what they are obligated to pay or deny the whole policy.
  • Their Policy Does Not Cover Your Type of Claim – It sounds odd, but a state could have a statute where two drivers who get into an accident in a parking lot are labeled as “not at fault,” and the company might take advantage of it this and not pay.
  • You Did Not Have a License or Were Under the Influence – If you were driving under the influence or had a suspended license, the other driver’s insurance company might avoid payment since you were breaking the law.
  • Your Injuries or Damages Were Preexisting – The insurer might claim your busted bumper or injured back were already damaged before the accident.
  • You Did Not Report the Accident in Time – Insurance claims, like laws, have statutes of limitations. So, an insurance company can deny a claim if you wait too long to file.
  • You Lied to the Insurance Company – Whether applying for coverage or supplying information during the claims process, tell the truth about everything. If you do not, you can land in hot water.

What Should You Do if Your Claim is Disputed?

Even if your claim is denied, you have options to get the damage compensation that you are owed. 

  • File an Appeal – You can open an appeal that will force the insurer to reexamine your case.
  • Gather Evidence – Pull together every piece of evidence related to the accident, including photos, testimonies, reports, and so on.
  • Hire an Attorney – A reasonable attorney will know everything about the inner workings of an insurance company and can successfully fight for you.

What Is the Process for Appealing a Claim Dispute?

First, contact the insurance company to see what their appeal process is. More than likely, you will have to write a letter to them. However, it might go to either an internal or external team to review the claim depending on the situation.

If you are still unhappy with the result, you can consult your lawyer about taking the other driver to court.

Get Help from a Car Accident Lawyer Today

If you think an insurance company is not giving your claim the respect it deserves, let the attorneys at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA help. The insurance industry can be complex, but with the right lawyer, you can navigate it and get the compensation you deserve.

Call us at 419-625-7770  or use our online contact form to schedule a consultation.