Is the Insurance Company Disputing the Liability of its Insured?

When an auto insurance company is presented with a claim, they may dispute liability if they believe that their insured driver was not at fault for the accident. Some of the arguments they may use to dispute liability include:

1. Contributory negligence: This argument suggests that the injured person played a role in causing the accident and is therefore partially at fault. The insurance company may argue that the injured person failed to follow traffic laws, was distracted while driving, or did not take appropriate measures to avoid the accident.

2. Lack of evidence: The insurance company may dispute liability if there is a lack of clear evidence showing that their insured driver was at fault. For example, if there were no witnesses to the accident or if the police report is unclear or inconclusive.

3. Comparative negligence: This argument is similar to contributory negligence, but it suggests that the injured person was more at fault than the insured driver. In this case, the insurance company may argue that the injured person's actions were the primary cause of the accident and that their liability should be reduced accordingly.

4. Faulty equipment or road conditions: The insurance company may argue that the accident was caused by faulty equipment, such as faulty brakes or a defective tire, or by hazardous road conditions, such as potholes or inadequate signage.

5. Pre-existing injuries or conditions: The insurance company may argue that the injured person's injuries were not caused by the accident, but rather by pre-existing medical conditions or injuries.

It's important to note that these arguments are not always valid, and an experienced personal injury attorney can help you refute these arguments and build a strong case for liability.