If was at fault in a rear-end accident but was uninsured, can I argue that the only damages quote the insurer provides lists some damages that were not caused by the accident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If was at fault in a rear-end accident but was uninsured, can I argue that the only damages quote the insurer provides lists some damages that were not caused by the accident?
Asked on September 4, 2013 under Accident Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If someone (other driver or the insurer) asks you for compensation, you do not have to pay unless and until they sue you and win--this means you can certainly question some of the damages or costs and try to negotiate down to a lower amount. If you can't work out to a mutually acceptable amount, you can refuse to pay anything and let the sue you. If they do sue you, they will have to prove, by a preponderance of the evidence ("more likely than not") that you caused the damage they want you to pay for; you, in turn, can offer your evidence that some of the damage was pre-existing or otherwise not caused by the accident. If the court believes that the damage was not caused by the accident, you would not have to pay it.
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.