Is the Insurance Company Disputing the Liability of its Insured?
Even when an accident is clearly the fault of the other party, an insurance company may try to dispute liability. Often, a company will do this to try to make people believe that they don’t have valid claims or that their claim is worth far less than it is. If liability is being disputed, it is vital that you seek help from a personal injury attorney. A lawyer may gather the evidence that you need to prove liability so that you can either settle or head to trial.
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:
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.
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.
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.
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.
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.
It is overwhelming to be injured in an accident, no matter what type it might have been. If you have been seriously injured, it is important for you to consult with a personal injury attorney. An experienced lawyer may analyze your claim and advise you about its likely viability and some idea of case value. Steven M. Sweat, Personal Injury Lawyers, APC has been assisting accident victims and their families for over 20 years. We are always willing to provide a free, initial consultation and we charge no fees or costs until money is recovered. Call us today toll free at 866-966-5240