What can I do if I do not agree with insurance company’s assessment of who is at fault?

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What can I do if I do not agree with insurance company’s assessment of who is at fault?

I was involved in a car accident few weeks ago. My car was in complete stop while trying to make sure the road is clear and pull off. An incoming car directly run into the front left part of my car. My insurance said I was at fault because I intrude into his driveway. What can I do if I disagree with the insurance assessment. I am also concerned the adjustor at insurance made an unfair assessment for my case. I previously made complains of the adjustor she is slow

in response and do not get back to my inquiry in a timely fashion. What can I do now?

Asked on April 14, 2016 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the other driver, if you think he was at fault: the insurer's assessment is NOT a binding legal determination. It is just the insurer's opinion and their decision whether to voluntarily (without being ordered by the court) pay. Only a court can actually decide fault and who has to pay what to whom. So you can sue the at-fault driver; or if you have relevant insurance coverage (e.g collision), you could sue your insurer for breach of contract (an insurance policy is a contract; so or violating their contractual, or policy, obligation to pay your claim under these circumstances); or both. If the amount you are seeking is less than the maximum limit for your small claims court, suing in small claims, acting as your own attorney, is a good option.


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