What to do if I was involved in an auto accident and the insurer of the at fault driver has denied liability?

I have a loan on the car past due, medical bills past due and lost wages. What do I do?

Asked on April 11, 2015 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you think that the other driver was at fault--that is, that he or she was driving negligently or carelessly and caused the accident that way--you can sue the other driver for any costs, losses, etc. that you suffer: your medical bills, the cost to repair a car, lost wages due to your injury, etc. You don't have to take the insurer's determination as the final say-so: the insurer is not a court, their opinion has no binding legal effect, and they *do* have an incentive to not consider their insured liable (they don't want to pay).

Rememer though: only if the other driver *is* at fault would he/she be liable. That typically means speeding or driving too fast for conditions, driving recklessly, texting while driving, going through stop light or sign, etc. If the other driver was not at fault, you will not be able to recover compensation.


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