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Some types of accidents, such as a rear end collision, leave little question, regarding the identity of the responsible party. Unfortunately, the greater percentage of accidents provides insurance companies and lawyers with valid reasons for doubting an injured victim’s allegations.
Who might make or support a denial of the injured victim’s allegations?
• An insurance adjuster
• The defendant’s attorney
• The at-fault party
The actions that a denied victim should consider taking
If the denial has included a reference to some statute, rule or regulation, then the target of that denial should demand documented proof of the official proclamation. That documented proof would need to include some indication that it has come directly from a booklet or paper that has gained official recognition.
Personal injury lawyer in Sudbury knows that if the denial seems to be based on something in the police report, then the victim/claimant must check to see if a statement that had made its way into the police records had contradicted the claimant’s remarks, regarding who should be blamed. That approach could gain support from utilization of another tactic.
Is there any reference in the police report to the issuance of a citation to either party? If the victim did not receive such a citation, then that fact would call into question any suggestion that the same victim had caused the accident. On the other hand, if the opposing party did get such a citation, then that fact would add support to the charges that had come from the victim.
The latter 2 actions can serve as reminders
Each of those actions should act to remind some adjuster or attorney that the claimant/victim has no plans to accept the charges that were made in the denial. After all, a police report cannot be used as evidence in a courtroom trial. Hence, any effort directed at refuting one party’s statements would not help to silence the same party’s charges.
Obviously, if those particular charges were to remain as loud as ever, then each of them would present a challenge to any denial of the opposing party’s liability. Due to the existence of such a challenge, the legal system would need to call for further investigations.
Both parties would have to accept the outcome of any further investigations. Still, any party that had chosen to challenge the victim’s/claimant’s statements might end up just grasping at straws. Minus any documented proof of the presented denial, an adjuster, attorney or representative for the defendant would struggle to offer a convincing argument in support of their claim.
In other words, the legal system does not automatically reward the loudest party in a given dispute. Instead, it turns a listening ear to those that can match a quiet allegation with unquestioned evidence.