What do I do if at fault party’s insurance denied liability?

UPDATED: Sep 30, 2022

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What do I do if at fault party’s insurance denied liability?

Our insurance said it is not our fault
and the other party’s insurance said it
is not their client’s fault either.
I contacted my adjuster about this and
she said I have to dispute the other
insurance. Is this true? My insurance
cannot handle the dispute?

Asked on March 15, 2016 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your insurer is not your lawyer: it's not their responaibility to sue other people or other insurers for you. Their only responsibility is, if you have applicable coverage (e.g collission), to pay you as per the terms of your coverage. If you don't have the appropriate coverage, the only way to get money from an at fault driver if he or his insurer will not voluntarily pay, is to sue the at fault driver (you sue the driver, not the insurer, because the driver is the one who was at fault). If you can prove in court the other driver's fault, you can get a money judgement in your favor.

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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