THE OTHER DRIVER'S INSURER SAYS THAT I AM AT FAULT FOR AN ACCIDENT AND REFUSES TO PAY. IS THAT THE END?
Many insurance people mistakenly believe that when an insurance company says that they are at fault fault for an accident and refuses to pay for their injuries, they do not have any recourse. In fact, this is completely not the case. If you have been in an accident and the insurer and the other driver's insurer believes that you are at fault, they have every right to refuse to settle your claim, but you do not have to accept their refusal as the final decision.
When an insurance company refuses to pay, you do have another course of action. Your car accident lawyer can file a lawsuit on your behalf and ask that a jury determine who was at fault for the accident. The insurance company's decision has absolutely no bearing on the trial, and jurors will never even know that the insurance has taken this position, even if the decision was completely unreasonable. If an insurance company's decision to deny payment to you and their insured is found liable at the trial and the verdict is beyond the available policy limits, the insurance company may ultimately be responsible for the amount of the judgment. This type of unfounded decision by an insurer is addressed by Georgia's insurance bad faith law.
Mentally, it can be very difficult to continue on with your claim when an insurer decides that you are at fault for an accident. You should be prepared for an insurer to take this type of position. Do not let an insurer intimidate you into not pursuing a valid personal injury claim by taking a position that is not correct.
Blog post provided by:
The Sessions Law Firm, LLC
544 Mulberry St., Ste. 319
Macon, GA 31201
Tel: (478) 254-2665