What can be done if an insurance company won't pay for injuries because they allege that the claimant was at fault?

If your wife was injured in the accident, you may call me for a free consultation at 800-816-1529 x. 1.

This type of a dispute is common.  The way to resolve the dispute is by finding an indepedent witness who saw the accident.  I would also suggest that you do several things.  First, make sure to get photographs of your wife's car and any visible injuries such as cuts or bruising.  Also, get photographs of the accident location; while at the accident scene, look around and see if there are any stores or business that might have a window facing the intersection.  That would be a place where an indepedent witness could see the incident.  If your wife has an injury, you should consult with a personal injury attorney.  Good luck. 

The way most lawyers handle cases like this really depends on the nature and extent of the injuries.  If it is what is commonly referred to as a whiplash or soft tissue injury,  the lawyer is not going to spend a lot of money on investigators and accident reconstructionists.  If the injury is more serious,  it would not be uncommon for a lawyer to file a lawsuit (no sense in trying to negotiate a settlement first),  take the defendant's deposition,  and try to get him or her to make statements which do not make sense, in terms of speeds, times and distances.  Strategy is what matters,  but as said,  depends on the injuries.

I am in fact currently in trial in Lancaster in a matter with similar facts and no independant witnesses.  I took the case because my client came across as credible and I believed him and think the jury will believe him too (I'll find out next Tuesday whether they did or not).  But the last comments were correct in that a lawyer will only assist your wife in this matter if there are injuries beyond aches and pains that resolve in a few days or weeks.  I will be hppy to answer any further questions that you may have and if there are injuries assist her with her case.  Joseph Farzam (310) 226-6890