What to do if I was involved in an auto accident and the insurer of the at fault driver has denied liability?

UPDATED: Apr 11, 2015

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What to do if I was involved in an auto accident and the insurer of the at fault driver has denied liability?

I have a loan on the car past due, medical bills past due and lost wages. What do I do?

Asked on April 11, 2015 under Personal Injury, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you think that the other driver was at fault--that is, that he or she was driving negligently or carelessly and caused the accident that way--you can sue the other driver for any costs, losses, etc. that you suffer: your medical bills, the cost to repair a car, lost wages due to your injury, etc. You don't have to take the insurer's determination as the final say-so: the insurer is not a court, their opinion has no binding legal effect, and they *do* have an incentive to not consider their insured liable (they don't want to pay).

Rememer though: only if the other driver *is* at fault would he/she be liable. That typically means speeding or driving too fast for conditions, driving recklessly, texting while driving, going through stop light or sign, etc. If the other driver was not at fault, you will not be able to recover compensation.

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.

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