What to Do if the At-Fault Driver's Insurance Won't Pay

If you find yourself in a frustrating situation where the at-fault driver’s insurance won’t pay for damages incurred in an accident, you may still recover. Carefully review your insurance policy to understand your coverage and reach out to your own insurance company for assistance.

Contact the at-fault driver’s insurance company to inquire about the denial and request a detailed explanation. If necessary, file an appeal with additional supporting evidence. Seek legal advice from a Phoenix car accident lawyer who is experienced in handling insurance disputes.

Use Your Own Insurance Policy to Cover Your Accident-Related Losses

Depending on the coverage options included in your policy, you can file a claim with your own insurance company to cover the damages. In addition to the mandatory auto coverage in the state, you can opt for additional coverage as well.

Collision Coverage

This is a type of insurance that helps pay for repairs to your vehicle if it’s damaged in a collision, regardless of who is at fault. Collision coverage is optional but highly recommended, especially if you have a newer or more expensive vehicle. Your insurance company will typically reimburse you for the cost of repairs up to the actual cash value of your vehicle, minus any deductible.

Collision coverage only applies to damage caused by a collision with another vehicle or object, such as a tree or pole. It does not cover damage from other types of incidents, such as theft, vandalism, or natural disasters. Therefore, combining collision coverage with comprehensive coverage can provide full protection for your vehicle in various scenarios.

Comprehensive Coverage

This optional coverage typically reimburses you for damages to your vehicle caused by events such as theft, vandalism, fire, severe weather, falling objects, and collisions with animals. Additionally, it often covers expenses related to windshield repairs or replacements.

Comprehensive coverage helps alleviate the financial burden of unexpected damages that other types of insurance may not cover. However, like collision coverage, it is subject to a deductible, which is the amount you must pay out of pocket before your insurance kicks in.

Uninsured and Underinsured Motorist Coverage

Uninsured and underinsured motorist coverage protects drivers from financial losses resulting from accidents involving drivers who lack adequate insurance coverage. While liability coverage is mandatory in Arizona, you can still be hit by an uninsured driver.

Uninsured motorist coverage helps pay for medical expenses, lost wages, and other damages incurred by you and your passengers if you’re involved in an accident with an uninsured driver. Similarly, underinsured motorist coverage steps in when the at-fault driver’s insurance is insufficient to cover your damages fully.

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Appeal the Insurance Company’s Decision

Begin by carefully reviewing the insurance company’s denial letter to understand their reasons for making the decision. Pay close attention to any specific explanations or documentation cited in the letter, as this will help you identify areas where additional evidence or clarification may be needed to support your claim.

Gather all relevant evidence that strengthens your claim, including:

Photographs
Witness statements
Medical records
Police reports
Repair estimates
Vehicle damage documentation
Insurance correspondence
Expert opinions
Receipts for expenses related to the accident
Accident reconstruction reports

With this information, file an appeal with the insurance company, providing any additional documentation. Stay persistent throughout the appeals process, following up with the insurance company regularly and providing any requested information promptly.

Consider hiring an experienced car accident attorney to increase the chances of a successful outcome for your case. At Zanes Law, we have experience dealing with claim adjusters and know how to present a convincing insurance claim.

File a Personal Injury Lawsuit Against the At-Fault Driver

If the insurance companies refuse to pay a reasonable amount, you can continue the fight in court. As experienced trial attorneys, we can help you file a personal injury lawsuit against the at-fault party and prepare for trial.

Despite efforts to negotiate and appeal the insurance company’s decision, there are instances where a satisfactory resolution cannot be reached this way. In such cases, taking the matter to court allows you to seek fair compensation through litigation.

By presenting your case before a judge or jury, your attorney can argue for the compensation they believe they are entitled to based on the evidence and legal principles involved. Going to court can be a complex and time-consuming process, requiring the assistance of a skilled attorney experienced in handling personal injury cases.

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Collaborate With an Experienced Car Accident Lawyer

If the insurance company of the at-fault driver refuses to pay for damages incurred in a car accident, this does not have to be the end of the road. A skilled attorney can offer invaluable guidance and representation throughout the claims process. They will thoroughly review your case, assess the evidence, and identify the most effective strategies for pursuing your claim.

By collaborating with an experienced car accident lawyer, you can increase your chances of securing the financial support needed to move forward after the accident. Contact us today to discuss legal strategy.

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