If the other driver is a fault then he and his insurance company are liable to you, no matter what his insurance company initially tells you.
Your uninsured coverage only kicks in if: 1) the other driver is at fault; and 2) he is not insured.
You should contact an attorney as soon as possible to protect your rights.
No. If the other driver was insured, their denial does not kick in to your UM coverage. That only works if the other driver had no insurance at the time.
I suggest you obtain a lawyer to challenge this denial. That is your best option. In the meantime, if you were injured, do not delay getting treatment, take photos of the scene and your vehicle, and do not provide any statements.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
If the other driver's insurance denied liability, you cannot make an uninsured motor vehicle claim. If they denied coverage then you can bring an uninsured motor vehicle claim. In either case, you should contact a personal injury attorney immediately to discuss your case. If you suffered anything other than a very minor injury, you should not represent yourself. You can contact one of the lawyers responding to this post or use the Find a Lawyer tool on Avvo.
The others are correct - you can't bring an uninsured claim in this situation. Fortunately, you have every right to pursue the insurance for the driver that caused the accident. Sadly, it is not unusual for them to deny responsibility. That is most of the reason that personal injury lawyers are in business. Based on the insurance company response, I think you will need to hire a lawyer. Good luck.
Situations like this are exactly why PI attorneys exist. Definately want to call a lawyer and let them handle it!
Brian Loncar works to defend his clients on any front! However, the information provided herein is intended only as food for thought and does not constitute a lawyer/client relationship. For that you have to come to our office and retain us!
If I'm not mistaken you've already posted this question. As I stated before, uninsured motorist coverage will apply to a denial of coverage but not too a denial of liability.
You say the other party was at fault. They say not. You will need to file suit and have the matter decided on a court of law
A free consultation is not legal advice, nor is the answer to the question listed above or anything posted on this website. This answer is general information. Proper legal advice can only be obtained after hiring an attorney and providing full information regarding your case
If you were injured, best bet is to have a personal injury lawyer investigate.
If the other driver had insurance and was at fault you need to pursue the claim against the other person's insurance. If that fails you will need to file a lawsuit against the other person. You can only present an uninsured claim if the at fault person was not insured. Here it appears they have insurance, it's just that the insurance will not voluntarily pay the claim. In my opinion it is time to consult with an attorney. This sounds like a disputed claim that will need to be litigated. If you do not have an attorney's help, you may be at a distinct disadvantage. Call a lawyer who specializes in personal injury claims.
No, you will need to hire an attorney to assist you with this In all likelihood. Denying a claim does not mean there is no coverage, it just means that the Company does not think that their insured is liable.
If you have been injured:You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within 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. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Who determined fault in this matter? You may want to consult with an experienced motor vehicle accident lawyer before proceeding with your claim to ensure that you understand your various courses of action to recover financially. Best of luck.
I agree with what everyone has said thusfar, namely, that you need to speak with a personal injury attorney, if you were injured. If you were not insured and the issue is property damage, you would need to talk to your insurance company about that. I'll also add that you should not agree to give a recorded statement to any insurance company until you have spoken with an attorney.
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