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If an insurance company denies liability, the plaintiff has to prove liability using the police report or by getting help from a specialized attorney who can gather witness statements to clarify liability, and medical reports to prove the severity of the case. Florida is a no-fault state, thus, the driver who was not at fault does not have to prove that the crash was somebody else’s fault to get compensation. However, there are some cases when an injured person can sue the party at fault.
According to state and federal law, the driver who was at fault for the accident or his insurance company has to pay the damages suffered by the other driver. Of course, before receiving any amount of compensation, the victim has to prove that the other party is liable. Despite common belief, many insurance companies dispute the liability of their driver to avoid paying just compensation. Their attitude is completely understandable, as the primary purpose of these companies is to make money.
So what can a car accident victim do, in case the other driver's insurance company is denying liability? The simplest answer is that the victim has to prove liability on his own. Often, that is not a difficult task. A duly completed police report reveals the responsibility for the accident.
However, if the liability is not clear from the police report, things become much more complicated. Victims will require an experienced car accident lawyer who will investigate the circumstances of the accident, gather information from the witnesses and negotiate with the insurance company. If negotiations fail, a lawsuit will have to be filed. In front of a judge or jury, the victim's lawyer can then work together with accident reconstruction specialists to prove liability and obtain just compensation for his or her client.
Besides denying liability, insurance companies also often argue about the severity of the victim's injuries. A personal injury lawyer can also work together with medical specialists who fully understand the extent of the injuries, the long-term effects and the costs of the treatment, to prove the severity of his or her client's injuries and the way they affect the client's life.
If you are a Miami resident seriously injured in a car accident and your insurance provider denied liability, call The Law Offices of Sean M. Cleary today at 305.416.9805 to see if you have a case.