If was at fault in a rear-end accident but was uninsured, can I argue that the only damages quote the insurer provides lists some damages that were not caused by the accident?

Asked on September 4, 2013 under Accident Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If someone (other driver or the  insurer) asks you for compensation, you do not have to pay unless and until they sue you and win--this means you can certainly question some of the damages or costs and try to negotiate down to a lower amount. If you can't work out to a mutually acceptable amount, you can refuse to pay anything and let the sue you. If they do sue you, they will have to prove, by a preponderance of the evidence ("more likely than not") that you caused the damage they want you to pay for; you, in turn, can offer your evidence that some of the damage was pre-existing or otherwise not caused by the accident. If the court believes that the damage was not caused by the accident, you would not have to pay it.


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