When a person is in a car accident and someone else is at fault, the injured party can file an insurance claim with the other driver’s carrier for property damage and bodily injury. Even if a person believes their claim is valid, an insurer can deny it for a variety of reasons. Possible reasons for claim denial include:
* The other person lacks sufficient liability insurance
* The insurer determines that their policyholder wasn’t at fault
* The other person refuses to cooperate with the insurer
* There are exclusions in the policy
* The victim lives in a state with no-fault rules
Does the Driver’s State Have No-Fault Laws?
If a driver lives in Utah, Pennsylvania, North Dakota, New York, New Jersey, Minnesota, Michigan, Massachusetts, Kentucky, Kansas, Hawaii or Florida, their insurer pays for their damages regardless of fault, and an insurance claim against the other driver’s company may be denied. If an insurance claim is denied, the victim can file with their own insurer, take the other driver to small claims court, or hire an accident law attorney in Spokane, WA.
Filing a Claim with the Victim’s Insurer
If a driver has collision coverage and their claim is denied by the other driver’s insurer, they can file with their own company. The victim will pay a deductible before the insurance coverage kicks in and the insurer may pursue the other party for payment at that time. If an insurer refuses to pay, and the victim believes they have the right coverage, a personal injury lawyer can help them win a bad faith claim.
Suing the Other Driver’s Insurer
If the other driver’s insurer denies a claim, the victim cannot sue the company in most cases and they must pursue the at-fault party. If damages are below a state-imposed cap, the case can be heard in small claims court. Drivers with liability insurance often have legal help from their insurer’s attorneys, so victims should hire Dusty Deissner for in-court help as well.
Hiring Legal Help
The information given here is general in nature, and insurance claims can be very complex. Laws vary by jurisdiction, and loopholes can complicate things even further. If a person’s auto insurance claim is denied or if they must sue the at-fault driver, they should call an accident law attorney in Spokane, WA right away.
