What are my rights if I was in a car accident and the at-fault driver and I have the same insurer but it has denied my claim?

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What are my rights if I was in a car accident and the at-fault driver and I have the same insurer but it has denied my claim?

Blame was put on me even though there was no police report to bear responsibility. I have pictures to prove the accident and the other person tried to file a hit and run, which was proven not to be the case by my photos. I was also informed by my insurance representative that their claim was suspect for other reasons. This person may or may not have even been a licensed driver and had mentioned a warrant for his arrest. I now have to pay for his over inflated claim.

Asked on August 25, 2013 under Accident Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the other driver for your injuries--when an at-fault driver and/or his/her insurer refuses to settle with you, your recourse is a lawsuit. You would have to prove in court that the other driver was at fault and the extent of your injuries.

If you believe your insurer is not paying you when they should under the terms of your policy, you can sue the insurer for breach of contract--an insurance policy is a contract, after all. The insurer must pay when and to the extent that the terms of the agreement/policy require them to.


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