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3 Defenses You Need To Be Aware Of When Filing A Lawsuit After A Collision

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The at-fault person in your collision should take full responsibility for your damages. However, getting the rightful compensation might be challenging, especially if the insurance company is determined to fight your claim. For example, they might advise the wrongdoer not to admit that they caused the wreck. Their goal could be to avoid the financial responsibility for the impact, denying you an opportunity to get a settlement for your losses. The insurance company will probably use the following defenses to deny the at-fault party's contribution to the collision.

You Were the Main Culprit

The insurance provider can claim that you were the main culprit in the collision, arguing that the defendant is innocent. If you don't provide evidence to dispute the allegation, you could receive less or no payment. The amount of money you receive will depend on your state laws. For example, some states allow plaintiffs to get compensation even if they are partly at fault. In such a case, you might get a payment for your damages even if their insurance provider proves that you were one of the wrongdoers. However, you might relieve a lower settlement because the court might reduce your payment by your degree of fault.

A Third Party Caused the Wreck

After an investigation, the insurance firm can claim that a third party caused the wreck. They might also argue that their client and another motorist were jointly to blame for the accident. The investigators could also claim that the accident occurred because of a faulty vehicle. In this case, they might blame the manufacturer for the accident. That could complicate your case because your lawyer must undertake a compressive investigation to determine what caused the accident. In addition, it will prolong your claim by several weeks or months, which will make you fail to get your payment in the anticipated timeline.

You Could Have Prevented Severe Consequences

Delaying medical care can also cause disagreements with the insurance provider. For example, they might claim that you could have prevented severe consequences if you sought medication immediately after your accident. They might also argue that you took too long to see a doctor because you never sustained severe injuries in the collision. Their argument can make you lose some or all the payment you deserve.

Apart from the defenses above, the insurance company might also claim that you made mistakes or filed the claim outside the set decline. The best way to counter arguments that may deny you justice in a car crash claim is by working with a car accident attorney. They will fight the insurance firm's defenses to deny you your rightful compensation.

For more information, contact a local law firm, like Labine Law Firm.