Is it possible to fight an insurance company if I was rear ended by their insured’s car but it is denying to accept liability for the accident?
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Is it possible to fight an insurance company if I was rear ended by their insured’s car but it is denying to accept liability for the accident?
Their insured has a witness stating I caused the accident, yet they don’t accept my version of what happened. Knowing their insured followed me closely, and by the time I slow down to pull to the shoulder in the freeway, and call the highway patrol, he rammed in my car. Is it possible to fight the other parties insurance company to pay for my damages?
Asked on June 4, 2015 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, it is possible to fight, but you don't directly fight their insurer--the insurer is *his* insurer, not your insurer, and it does not owe an obligation directly to you. Rather, it's obligation is to protect its insured; therefore, what you do is to sue the other driver if you believe he was at fault, and if you win the lawsuit, he or his insurer will have to pay you. ("Winning" involves proving by a preponderance of the evidence, or that it is more likely than not, that he, not you, was at fault.) It is also possible that once you sue, the insurer will elect to settle, rather than fight the lawsuit.
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