Most auto accidents are usually the result of one party’s negligence, but what if the other driver of a car accident denies liability? The bad news is that your case will likely take longer, but there is good news. You can still recover compensation for your injuries. Even if you share liability for the collision, you could still recover some of your financial losses under Georgia’s comparative fault system, provided you are less than 50 percent at fault for the accident.
A car accident is challenging to deal with, so you should not have to take on the added worry and stress of proving the other driver is responsible for causing your injuries. We have prepared this guide to show you what you can do to get a fair settlement and how we can help you to pursue your case.
Steps to Take If the Other Driver of a Car Accident Denies Liability
While it may seem daunting, it is important not to give up on your claim if it has been denied. The first step can be a simple (and free) case review with our injury attorneys, who will help you determine whether or not you can pursue compensation.
If you have a case, we deal with the other party and their insurers so that you can focus on getting better. Meanwhile, let’s take a look at the reasons why a driver or their insurers deny liability for claims:
Fault for the Accident Is Being Disputed
If your claim has been denied, the first step is letting the insurance company know that you disagree with their decision about fault and are taking action to resolve the issue. It is best to do this via letter or email, so you have a record of your communication. If you feel the insurance company has made a mistake, you can inform them and provide evidence to prove their rejection was wrong.
Gather All Available Evidence to Support Your Claim
The aim of appealing a decision and supporting your case with as much evidence as possible is to have the denial of liability withdrawn. Our injury attorneys can help you gather the necessary evidence to support your claim, such as:
- Police reports
- Medical records
- Your written account of the accident
- Witness statements
- Expert testimony from medical and financial experts
- Photographic evidence
- CCTV footage
In many cases, providing sufficient evidence will be enough to prove the other party is wholly or partially to blame for the accident resulting in the insurer’s acceptance of liability. However, if the insurance company still does not change its decision, it may be necessary to initiate court proceedings.
Renegotiate for a Fair Settlement
Assuming the insurance company does change its decision, you will need to negotiate for a fair settlement. The amount of compensation you can recover will be determined by several factors such as:
- How severe your injuries are
- How your injuries affect your home life and work
- Whether or not you share fault for the accident
- The compensation available to cover your damages
If we find the insurer has denied your claim by acting in bad faith, we can help you pursue appropriate damages by filing a bad faith lawsuit against the policy provider.
For a free legal consultation, call (404) 888-8888
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How Much Compensation Can I Recover If Both Parties Share Liability?
Georgia’s comparative fault laws apply when both drivers share fault for an auto accident and affect the amount of compensation you can recover as follows:
- Damages are awarded in accordance with how much a driver is found to be at fault. For example, if the other driver is 80 percent to blame, and you are found to be 20 percent at fault, you could recover 80 percent of your total costs.
- If it is determined that you bear more than 50 percent fault, you cannot recover any financial damages.
If liability is being disputed, it is essential to ensure you can provide as much evidence as possible, or you could risk losing out on what you fairly deserve in lieu of:
- Medical bills and the cost of your treatment and rehabilitation
- Lost wages
- Compensation if your injuries affect your ability to work in the future
- Any and all other related losses
Our injury attorneys can help you gather the evidence required to prove the extent of your liability or counter any unfair assertions about fault from the other party.
Talk to Our Car Accident Injury Lawyers at No Cost or Obligation Today
We understand how frustrating it is to have a legitimate injury claim denied. We also know that insurance companies often benefit when people walk away from a denied claim if they think their case will be too difficult to handle alone. This is where the team at Bader Scott Injury Lawyers can help. We manage every aspect of your case so that you can focus on your recovery.