At-Fault Driver’s Insurance Won’t Pay! What Should I Do?
Have you recently been involved in a car accident due to the negligence of another driver? Are you struggling to get the at-fault driver’s insurance to pay out the money you desperately need? If so, then you need to learn about what to do when the at-fault driver’s insurance won’t pay.
Doing so can help you learn more about the situation. Even if this isn’t something you’re currently going through, it might be in the future. It’s common for insurance companies to hold out on paying as long as possible.
See below for what to do if an insurance company will not pay a claim. Be sure to take these steps.
- Hire a Car Accident Lawyer
As if the entire situation weren’t stressful enough, now you have the insurance company (of a clearly at-fault driver) refusing to pay. They will try almost anything to not pay the insurance claim that you filed.
That’s when it’s time to take action. Be sure to hire an experienced lawyer in the car accident practice area. Joining forces with an attorney will show the insurance company that you mean business. You aren’t going away until you get the compensation you’re entitled to.
Before you hire one, make sure to ask them the following questions:
- How many car accident cases have you handled like mine?
- What amount of compensation would you recommend that I pursue? Should I pursue more after they refuse to pay?
- What would you have me do if you were my attorney?
- How long have you been a car accident attorney?
- Will you oversee the entirety of my case or does your firm delegate?
- How will you communicate with the insurance company if I hire you as my lawyer?
The answers to these questions will give you a better feel for how they go about their business. Make sure you see eye to eye with the way they practice.
- Compile Evidence
Now that you’ve hired an experienced car accident attorney, it’s time to go to work. Part of the reason the insurance company may have refused to pay was due to a lack of evidence. If so, then you’ll want to compile as much as you can.
A majority of the evidence can be found at the scene. Once you drive away, it will be hard for you to get back. If you’re ever involved in a crash, make sure you gather things like:
- Photos– Pull out your smartphone and take as many pictures as you can. This includes pictures of your car, their car, the street, the time of day, the other party, their license plate, witnesses at the scene, your injuries, and so forth.
- Witness Statements– Make sure that you talk to any witnesses that stay behind to give their statements for the police report. Gather their name, number, email, and a summary of what they saw. Your lawyer will reach out to them at a later date.
- Your Personal Notes– Before driving away, pull out your smartphone and write down as many details of the crash as possible. These can help jog your memory when you tell the story to your attorney a day or so later.
If you’re several days/weeks removed from the crime scene, not to worry. Your lawyer can help you gather evidence with police reports, your medical expenses, medical reports, and other resources they have in their network.
- Create a Demand Letter
Also referred to as a letter of demand, this is a professional document that you can send to the insurance company asking for your due payment.
Without an experienced attorney by your side, the insurance provider will merely roll their eyes at you. With a car accident lawyer present, they can include key facts in the demand letter that will legitimize your claims (demands).
Since you’ve compiled a fair amount of evidence, you can now use that in your demand letter. It will strengthen your request for compensation and push the insurance company back into a corner. The more evidence that you have, the more interested the provider becomes in settling your case before it goes to trial.
- React to Their Response
After you’ve sent the demand letter, all you can do is wait for their reply. Typically, that will take shape in one of two ways:
- The insurance company will provide your lawyer with an in-depth explanation of why they refused to pay your claim. If they go this route, they’re essentially trying to double-down on their refusal.
- The insurance company will decide against their original refusal and work with your lawyer to reach fair compensation.
No matter which road they choose to take, be sure to rely on your lawyer. They may feel as if a settlement or trial is the better way to go.
- Prepare for Court
If the insurance company decides to double-down on their refusal to pay your claim, then there’s only one thing left to do: take it to court.
Your attorney will provide you with step by step instructions that you can follow. They will help you understand what to expect and what the goals are. You’ll both continue to gather as much evidence as possible.
Once both sides have had a chance to state their case, the judge will be the one to decide whether or not you’re owed compensation and how much.
At-Fault Driver’s Insurance Won’t Pay? Find an Experienced Attorney
Now that you’ve seen what to do when an at-fault driver’s insurance won’t pay you the compensation you’re owed, be sure to find the right lawyer.
Hiring an experienced attorney shows how serious you are about getting the compensation that you are entitled to.
Be sure to browse our website for more articles on car accidents, as well as many other topics that you will find helpful.