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


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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