What to do if a month ago I was in an auto accident and was not at fault but the other driver’s insurance company claims otherwise?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if a month ago I was in an auto accident and was not at fault but the other driver’s insurance company claims otherwise?

Their insurer claims that I am completely responsible, though they keep changing the minor details of what happened and they didn’t arrive to our court date. I tried talking to the other driver’s insurer but they told me that regardless of what I say they are going with their insured’s side of the story because they were familiar with the area and I was not. They refuse to take my claim or investigate what really happened. Is this allowed?

Asked on April 18, 2014 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is allowed, but it's not the final word. The insurer is not the court--it is a private party. It can decide that its insured was not liable, and so refuse to pay. And when that happens, you have the right to sue the other driver in court; if you do, you will have the opportunity to prove that the other driver was at fault and caused you damage for which you are entitled to compensation. Your option when the other driver or their insured will not voluntarily compensate you is to sue.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption