It can be most unfortunate when you are injured in an accident by another party, it can be even worse if they refuse to accept responsibility for the injuries that they have caused. Even in a situation when another person is clearly at-fault for your situation it can be possible that their attorney or even a claims adjuster will try and convince you that you yourself are liable for the events that occurred. Hopefully this will not be the case if this ever happens to you but if it does it helps to know there are steps you can take when the other party denies liability of your injury.
The first and most important step to take if you find yourself in a circumstance like this is to immediately demand proof from the other party stating why they believe you are liable. The claims adjuster will need to send to you the regulation, rule, or statute they claim applies to your specific situation and they must document their position exactly. In the event that they say they cannot do this then you can promptly say you will not even entertain the idea that you are liable if they will not document the reason they believe you are. If the other party does submit to you information they believe will show you are liable confirm that it is a legal document of an actual law or rule and not just a letter from another attorney or an insurance company’s memo that would not be considered a legal document proving anything in a court of law.
If it is a copy of an actual law that they send it does not mean it applies to your specific set of circumstances. In other words, they may send you a copy of an official law but if it has nothing to do with the events surrounding your case then it is otherwise meaningless. If despite this fact they still try to push this interpretation of the rule on you your attorney will most likely have to argue against this in court in order to get you the compensation you deserve.
There are also instances where the other party will rely on the police report to have the final say on who is liable for your injury claim. It can be true that a police report is certainly helpful in telling part of the story of what happened, it does not dictate who is definitely liable as the officer can only record what happened after the event since they did not witness the accident firsthand. It can be a problem if the police report contradicts the events as you see them when trying to explain whose fault it was, but even so the police report is still not seen as actual evidence unless they were there to witness the incident as it happened.
Do Not Let Yourself be Caught in This Situation, Get a Qualified Attorney to Help Guide You
It can be extremely frustrating to get involved with an injury claim with another party who denies being liable for your injury when they are clearly at fault, yet unfortunately it is a more common occurrence than one would want to believe. It is because of this you need a knowledgeable attorney like the ones at the Paris Law Firm to stand up and fight for your rights in court. Call us at 909-325-6185 or via our online contact form today to schedule an initial case evaluation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.