Legal Question & Answer: Auto accident
November 6, 2010
Legal Question: The other driver was cited, multiple witnesses testified the other drivers fault. Will the drivers insurance company have any ground to only take partial responsibility? Any PI attorney also does auto claims fight against insurance company?
Personal Injury Attorney: In a personal injury cause of action there are three things that you will need to prove. First you need to prove negligence, then you will need to prove you were injured and then you will need to prove that the injuries you are talking about were proximately caused by the alleged negligence.
The citation and witnesses all go to prove negligence. They do nothing about the other two items you have to prove. So, the answer is yes, even with witnesses and citation and all, the insurance company can still come and say: “Ok, so our insured was careless, but you are lying about your injuries. Here is $200 for you to go away.”
You should talk to a personal injury attorney who has done thins sort of things before and who knows how to speak and deal with the insurance adjusters’ antics.