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What to Do When the At-Fault Driver’s Insurance Won’t Pay

Unfortunately, motor vehicle collisions are all too common in the State of California. When an individual is involved in a motor vehicle accident as a driver or passenger, he or she can suffer serious and debilitating injuries, including soft tissue injuries, broken bones, traumatic brain and head injuries, internal organ damage, and spinal cord injuries, such as paralysis.

When a car accident victim suffers one or more of these injuries, he or she might have to undergo significant and painful medical treatment that lasts for a long period of time. The accident victim might also need to miss a substantial number of days or weeks from work, losing a considerable amount of wages. As medical bills and other out-of-pocket expenses pile up, accident victims sometimes do not know where to turn.

California is an at-fault state. This means that an accident victim must look to the at-fault driver’s insurance company for payment of medical bills, property damage, and other damages resulting from the accident. However, in some instances, the insurance company will refuse to pay damages for a variety of reasons. This actually makes sense because insurance companies will do everything that they can to limit the extent of their liability as much as possible. After all, insurance companies make their money by collecting premiums – not by paying out personal injury settlements and jury verdicts. 

If you have been involved in a California car accident and the at-fault driver’s insurance company is refusing to pay, a knowledgeable California car accident attorney in your area will know what to do. Your lawyer can explain all of the legal options that are available to you in your situation and could help you decide on the best course of action to maximize your potential recovery in the case.

Asking for an Explanation

The first thing that you should do if the at-fault driver’s insurance company refuses to pay your damages is to get an explanation from the insurance company in writing. The insurance company should be able to tell you exactly why a settlement offer is not being made in your case.

In some instances, the insurance company might be disputing fault and liability in your case. At other times, the insurance company might be denying your claim because it is missing certain relevant pieces of documentation. An experienced California personal injury attorney can assist you with assembling the necessary documentation and getting it to the insurance company adjuster in a timely manner.

Filing a Lawsuit

In some instances, if the insurance company is not willing to pay, you may need to file a lawsuit in the state court system against the at-fault driver. This might light a fire under the insurance company’s feet, so to speak, and encourage them to pay you full and fair monetary compensation for your injuries.

Moreover, if the at-fault driver’s insurance company is denying your claim, you might be able to turn to your own insurance company and make a claim for compensation under an uninsured motorist theory of recovery, for example. A California car accident lawyer could assist you with filing the necessary claim or claims in your case to pursue monetary compensation on your behalf.