Is it possible to fight an insurance company if I was rear ended by their insured’s car but it is denying to accept liability for the accident?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it possible to fight an insurance company if I was rear ended by their insured’s car but it is denying to accept liability for the accident?

Their insured has a witness stating I caused the accident, yet they don’t accept my version of what happened. Knowing their insured followed me closely, and by the time I slow down to pull to the shoulder in the freeway, and call the highway patrol, he rammed in my car. Is it possible to fight the other parties insurance company to pay for my damages?

Asked on June 4, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is possible to fight, but you don't directly fight their insurer--the insurer is *his* insurer, not your insurer, and it does not owe an obligation directly to you. Rather, it's obligation is to protect its insured; therefore, what you do is to sue the other driver if you believe he was at fault, and if you win the lawsuit, he or his insurer will have to pay you. ("Winning" involves proving by a preponderance of the evidence, or that it is more likely than not, that he, not you, was at fault.) It is also possible that once you sue, the insurer will elect to settle, rather than fight the lawsuit.


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 with SHA-256 Encryption