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What if a Party Denies Liability for Your Personal Injury

When you are involved in an accident, even though it may be obvious to you that the other person was at fault, chances are their insurance company may claim they were not liable or find other ways to try and minimize your claim. According to a Las Vegas injury law firm, this is more than likely not true, even if you are told this by an adjuster. It is important to remember that adjusters work for insurance companies who often look for ways to avoid paying claims. If you are told by an adjuster or insurance company that you are liable for your own injuries, there are things you need to do to protect your rights.

Ask For Details from Adjuster

When an adjuster claims that the law is on the insurance company’s side regarding their party’s liability, ask to see proof. Request that the adjuster send you written documentation of the law that claims the person they represent is not liable. More than likely, they will not send anything but if they do, read it over carefully. Do not accept a memo from the insurance company, an attorney’s letter or an unofficial opinion about the law. The adjuster may send you the actual law but it may not apply in your situation or may be broad enough that it does not answer the fault question in your circumstances. For instance, in most states, the law says that the person to the right in a four-way stop situation has the right-of-way. However, the law does not address a person who doesn’t stop at all and simply drives into the intersection without stopping.

Police Report

The adjuster may use the police report as a reason why their party is not liable for your injuries. Although a police report is helpful, it is not the final word on which party is liable. In fact, most of the time a police report is not allowed as evidence at trial.  Sometimes, an adjuster will claim that your interpretation of what happened does not match the police report. If this happens, simply state that nothing in the police report contradicts your story either and that the officer who wrote the report did not witness the accident, only took down information after the fact. If the police report has a completely different version of events or if it claims you were at fault, you can still refute the adjuster’s statements. Again, you can remind the adjuster that the police officer did not witness the accident and that the report is a rough reconstruction of the events that occurred. If you were not issued a traffic citation, point that out to the adjuster as well, says a personal injury lawyer in Las Vegas.

It is not at all unusual for the other party to deny liability in a personal injury accident as a Las Vegas law firm can attest. This is the reason you need to speak to an attorney soon after your injury to be sure your rights are protected. Contact the Schnitzer Law Firm today by calling 702-960-4050, emailing contact@theschnitzerlawfirm.com or filling out the easy form online.

 

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