How do I fight the insurance’s assessment of who is at fault?

A ticket was given to the man who hit us. His insurance company is trying to blame 20% of the accident on us, even though we swerved and slowed down to avoid the accident. We don’t want to drag this out but don’t want to pay 20% of medical bills nor agree to something that is not true. How can we combat this?

Asked on April 18, 2017 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The only way to fight it is to sue the at-fault driver and prove it was entirely his fault in court; if you can do that, the court will issue a judgment (court order) requiring him to pay your full costs and losses, at which time either he or his insurer should pay them. But if you don't sue, you cannot make his insurer pay more than it is willing to; a lawsuit is the only way to compel the payment of more than the other side is voluntarily willing to pay.


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