My husband was rear-ended by another driver. The other driver's insurance company is saying that we have to prove that my husband was not "whipping in and out of traffic" as their driver claims, otherwise they will not pay for the damages their insured caused. Is this true? How do we prove this? There are no witnesses but the damage to the vehicles in consistent with the other driver rear-ending my husband.I appreciate the input, but the advice to basically get a lawyer is counter to what this website is about. What would a lawyer do in this situation? Is it legally valid for the insurance company to deny what is typically considered to be a "no doubt" liability on the part of the person rear-ending someone else, simply based on the fact that their insured does not want to be liable?
You won't be able to change the insurer's mind without an attorney or a lawsuit. If there were significant injuries, then you would be best off hiring an lawyer and of course getting medical attention. If there are no injuries and the property damages are less than $10,000, you can sue in small claims court without a lawyer.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
Unfortunately, without any eyewitnesses, it becomes a swearing contest and, therefore, a question of "credibility". The other driver's carrier will obviously want to believe their insured's claim that your husband improperly cut in-and-out of traffic lanes. If there are injuries involved on your side, retain an attorney a.s.a.p. If it is just a property damage claim, with limited damages, go to small claims court, with pictures of the scene, the damage to your car; dress nicely and cross your fingers that you and your husband make a nicer presentation than the other person. Good luck.
You need a lawyer. In this situation the insurance company has signaled that you will have to file suit.
Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.
You should contact your insurance company if you have not already done so and inform them of the accident and the issues you are having. If you have contacted your insurance company, are they taking your side of this claim and attempting to talk to the other insurance carrier about liability. You are being treated poorly because you do not have an attorney advocating for you and helping you through this process. Best of luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
You are thinking in the abstract of what is typical in a rear ender. Their other driver's insurance adjuster is giving you notice it believes the circumstances are not those of a typical rear ender. Unless you intend to proceed without counsel, you should engage counsel.
Keep in mind if you file suit, the insurance carrier will provide counsel for their insured, and you will likely be outmatched. Another factor is, in my experience, the adjuster who deals with an non-represented claimant, such as you, is not the same adjuster who works the the case for the carrier once an attorney provides notice of his or her representation on your behalf.
I am sorry you are going through this with the at fault driver's insurance company. Based on what you have posted, it is not likely you are going to be able to resolve this matter without an attorney. Insurance companies only care about one thing...... paying injured people as little as possible to resolve their personal injury claims. If the insurance company is contesting liability then nothing you provide them is going to change their mind in my experience. This is compounded by the fact that there are no witnesses according to the information that was provided. Hire a board certified personal injury trial lawyer immediately is my suggestion. Good luck. www.urhurt.com
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