How long does an insurance company have to accept or deny liability after an accident?

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How long does an insurance company have to accept or deny liability after an accident?

I was rear-ended by a truckdriver from IA, and he’s telling the adjuster a bunch of lies. I was clearly hit from behind, and I need to know how long does it take for an insurance to accept liability?

Asked on June 28, 2011 under Accident Law, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There isn't any set period of time for the insurance company to accept or deny liability, but this determination should be made within a reasonable period of time.  If the other driver's insurance company either denies liability or doesn't respond within a reasonable time, you should sue the other driver for negligence.  That will prompt a response from his insurance company.  The other driver is clearly liable for a rear-end collision. 

Your claim against the other driver's insurance company should be for property damage and if you were injured a separate personal injury claim.

Property damage is usually resolved promptly and will compensate you for the cost of repairs to your car.  The other driver's insurance should pay for a rental car while your car is being repaired.

If you were injured in the accident, when you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills and wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.

If you are dissatisfied with settlement offers from the insurance company, you can reject the settlement offers and file a lawsuit for negligence against the other driver for your personal injury claim.  You will need to file your lawsuit prior to the expiration of the applicable statute of limitations  or you will lose your rights forever in the matter.


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