What to do if I got into an auto accident and filed my claim but now the other party’s insurance is denying they are at fault?

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What to do if I got into an auto accident and filed my claim but now the other party’s insurance is denying they are at fault?

The other driver was carrying a load of wood pallets and they flew off and hit my car. I called the police and they made a report. I contacted my insurance company and the other drivers as well. The other drivers insurance company is denying that anything happened and there was no damage to my car, Why would the other driver get cited for failure to secure your load if nothing happened? Do I need to get a lawyer or wait it out?

Asked on February 24, 2012 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your own insurance will cover your loss, you may want to let your insurer indemnify you--as long as you are paid, you don't care who pays, and there's a benefit to following the path of least resistance when possible, and not incurring litigation costs.

But if your insurance doesn't cover the loss, you could sue the other driver. You do NOT need to take their insurer's finding as gospel--it's not a court determination, and the other insurer has a strong incentive to conclude there's no liability (they don't want to pay, after all). If the other side and/or its insurer does not pay voluntarily, but you believe they are at fault, your recourse is to file a lawsuit. If you can prove their fault, such as by witness testimony (including your own), a police report, or other evidence, you could recover your costs or losses.


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