Car Accident and Not at Fault

Did you get into a car accident and were not at fault? If so, dealing with the insurance company in your personal injury case in Las Vegas can be extremely frustrating. Insurance companies can give you the run around and can waste a lot of your time. Insurance companies are not quick to pay out money, so, if you were not at fault and you need to get medical treatment and your car fixed, you will need to understand what steps to take.

Contact The Other Driver’s Insurance Company

When a driver crashes into your car, it is their responsibility to report their mistake to their own insurance company. However, it is always a good idea for you to make a call to their insurance company as well. This is called making a “third party claim.”  The sooner you call, the faster the claim can be settled. Individuals who cause car accidents are typically reluctant to call and report their own mistakes.

In order to contact the other party’s insurance company, you will need the right information. You will need to gather the other driver’s address, insurance company name, insurance policy information, and any witness contact information. You should also use your phone to take pictures of the accident that you can then give to the negligent party’s insurance company.

Also, if the police respond and make a report, the report can be used as evidence of who is at fault. If you have one, you should provide the police report to the other driver’s insurance company to help prove your case. While the police report is not conclusive, it will certainly help the insurance company determine who is at fault.

PLEASE NOTE THAT LAS VEGAS POLICE ARE NOT RESPONDING TO NON-INJURY CAR ACCIDENTS. IF YOU DO NOT HAVE A POLICE REPORT, ESTABLISHING WHO WILL BE AT FAULT MAY BE A MORE CHALLENGING BUT NOT IMPOSSIBLE.

In addition to contacting their insurance company you should contact your insurance company as well. If you contact your insurance company it will show that you are acting in good faith by reporting the accident. Also, your insurance company can help you if the other party denies that they were at fault.

If The Other Driver Lies

Sometimes, even with very clear facts as to who is at fault, the other driver will blame you for causing the accident. This can be very frustrating. If this happens, the other driver has likely chickened out when calling his or her insurance company and told them a different version of what happened. In this scenario, the other driver’s insurance company could completely deny your claim.

If this happens, the other driver’s insurance company will probably side with their driver’s story to avoid having to pay out the claim. The at-fault driver’s insurance company will likely tell you that you will need to get paid by your own insurance company. If this happens to you, you can make a claim with your insurance company and they may or may not choose to take on the at-fault driver’s insurance company.

If you have injuries and significant car damage, battling a lying driver could make it very tough to get enough money to cover your damages. You will need to try to get the other insurance company actually investigate the situation. If this is your scenario, and the other driver’s insurance company is giving you a hard time, you probably should speak with a lawyer.

Don’t Wait Too Long

The faster you are able to act, the better off you will be. Getting your side of the story out to the insurance companies first will be important. If you have an injury, you should seek medical attention right away. Even if you don’t know who will cover the bill, getting medial attention right away will help you feel better and also help you prove that you were actually injured by someone else’s negligence.

Also, the faster you make a claim, the faster you can get paid for the other driver’s negligence. In addition, if it turns out that you are going to have to battle with the insurance company, you are going to want to begin that battle as soon as possible so that it can be resolved as soon as possible.

If you need to speak with an attorney, you can call us at 702-910-4300 or click here to schedule an appointment with one of our Las Vegas personal injury attorneys. We would be happy to provide you with a free consultation and answer any questions you might have.

 

Matt Pfau is an attorney and founding partner at the law firm Parry & Pfau. Matt has a background in business consulting, estate planning, business start-ups and bankruptcy and is licensed to practice in both Nevada and California. A partner in the firm Parry & Pfau, he can be reached at 702-912-4451 or matt@p2lawyers.com.