What to do if I was hit by a insured driver and their insurer may deny the claim?

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What to do if I was hit by a insured driver and their insurer may deny the claim?

The guy admitted to me and his insurance company that it was his fault. However, now the insurance is saying it’s my fault and threatening to deny the claim.

Asked on June 20, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue him. His insurer is *not* a court--that is, its opinion is just its opinion; it has no legally binding effect. If they choose, for whatever reason, to not compensate you (whether they honestly believe it was your fault, or cynically just want to avoid paying), but you feel that their driver was at fault in injuring you and/or damaging your vehicle, your recourse is to sue the other driver and prove in court (whether through testimony, police reports, photographs, etc.) that the other driver was at fault and caused your damages. If you can prove that, you'll get a court judgment (order that he has to pay money) in your favor; and/or if your case looks solid, he or his insurer may elect to offer to settle at some point, rather than go through the expense of litigation.


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