How Do You Reverse Liability on an Auto Accident Case?

In the context of an auto accident, California is a “fault” state, meaning the insurance companies investigate the incident and determine the degree of fault for all of the involved parties.

In a car accident, fault is assigned to both drivers, though normally, one party is more at fault than the other. For instance, you may find that one person is determined to be 75% at fault, while the other one’s degree of responsibility is 25%. These percentages have a direct impact on how much either party can receive in compensation from an insurance claim.

When there is a car accident, someone normally contacts the police, who will come to the scene to obtain information and file an accident report. If it’s obvious who was at fault, they may write up a citation for the person that caused the accident.

You will get a report number with information on how to obtain a copy of the report once it’s completed. Aside from calling the police, drivers normally contact their insurance company to report the accident, and from that point on, the case is assigned to an insurance adjuster.

The adjuster’s job is to investigate the details of the accident, review medical records, and talk to various people that were involved in the accident. This information is used to determine who is responsible for the accident, which is how liability is assigned to the each party.

The truth, it’s in the insurance company’s favor to reject claims for damages or reduce the overall amount they have to pay you. So, they are going to look for any reason that can be used to say that you are responsible, or partially responsible for a car accident.

Below are some of the most common reasons that you may be given by an insurance company when they notify you of a negative liability determination:

• The accident was not caused by their client is the most simplistic and common reason that’s given by insurance companies when they refuse to pay the funds you are entitled to. It’s quite common for them to give little information or vague explanations as to how they arrived at this conclusion.
• You both share some degree of fault for the accident, so they cannot pay you the amount that you are seeking. We mentioned before that split liability is very common when there is a car accident in California, and this is a factor that’s exploited by insurance companies to say they can only compensate you for a portion of what you are asking for.
• Your injuries were caused by circumstances other than the accident. You see this a lot with claims on behalf of victims with pre-existing conditions. This is a way for the insurance company to say that the injury you are claiming occurred before the accident, so you are not eligible for payment through an insurance claim.

California laws require insurance companies to act in good faith when they make determinations on who is at fault for an accident, which includes conducting a fair and timely investigation and offering the injured party a proper amount of compensations.

It an insurance provider denies a claim that qualifies for compensation under the policy terms, they are engaging in bad faith. Bad faith tactics by car insurance companies include:

• Failing to conclude an investigation within a reasonable amount of time
• Not getting back to your questions / concerns in a timely manner
• Repeatedly asking you for information that’s irrelevant to the process of determining liability or policy coverage
• Unreasonable delays in paying a claim once it’s approved
• Making a low settlement offer without a full investigation of the accident or the damages sustained by the victim
• Refusing to cover their policy holder’s legal fees if they are sued, even though they clearly have coverage for this purpose

If it’s found that an insurance company acted in bad faith, you have the right to sue them for damages aside from what you are owed as a result of the accident. For more information on this subject, reach out to a bad faith insurance lawsuit attorney.

As we previously mentioned, all is not lost if an insurance company issues a negative liability determination. Here are the steps we recommend in order to fight their decision and secure a potential reversal:

• Obtain all documents related to the accident, including communications with the insurance company, medical records, police reports, and witness statements.
• If you believe that the insurance company is acting in bad faith, file a complaint with the California Department of Insurance. Upon receiving your claim, the agency will conduct an investigation and take action against the insurance company if there is credible evidence of bad faith.
• Seek guidance from an experienced auto accident lawyer. That way, you can have your case investigated by a legal expert who won’t be fooled or intimated by the insurance company. They can also demand the proper amount of compensation you are entitled to and take the necessary steps to get the decision by the insurance company reversed.

Sadly, accident victims being taken advantage of by insurance companies happen far too often. But you can fight back with help from the car accident lawyers of DTLA Law Group. Aside from decades of experience in auto accident injury claims, we have a Zero Fee Guarantee that’s available to you from day one. Under this policy, you will never pay upfront if you hire us to represent you. Instead, a percentage of your settlement is deducted to cover legal fees, which means we only get paid by winning your case.

In short, there is nothing to lose by contacting us today and learning about your rights during a free consultation. We look forward to meeting you and fighting to secure the compensation you need and deserve.

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