We Know Injury Law

What if the other driver was at fault but the insurance company won’t admit it?

| Apr 30, 2021 | Car Accidents |

Injuries are common in major car accidents and even fender-benders. In fact, the Association for Safe International Road Travel estimates that 4.4 million Americans require medical care after car accidents every single year.  

Receiving treatment for a life-altering injury can be very expensive. Fortunately, you may be able to pursue significant financial compensation from the other driver or, more specifically, the other driver’s insurance company. If the driver or insurer refuses to accept responsibility, though, getting the compensation you need can become more difficult. And make no mistake: at-fault drivers and their insurers frequently deny fault after a crash.

The importance of putting an experienced lawyer on your side

Perhaps the most critical step in any personal injury claim is determining who was at fault for the accident. After all, the person who causes the crash is typically responsible for covering the cost of the resulting injuries and other damages. If the at-fault driver (or the driver’s insurance company) denies liability, an experienced attorney can help you fight back. For example, an attorney can assist you with developing a comprehensive factual record of the crash. An attorney can also handle all communications and negotiations with the insurance company while you focus on your health and family.

Understanding comparative fault

Personal injury cases usually proceed on a theory of negligence. To prove that another driver acted negligently, the following four elements must be present: 

  • The driver must have a duty to act reasonably 
  • The driver must breach this duty of care 
  • The driver must have caused the collision  
  • The person seeking compensation must have compensable damages, such as injuries requiring medical treatment

Georgia has a modified comparative negligence rule. That means you can recover compensation for your damages as long as you are not 50% or more at fault for the accident. If you are partly at fault, though, your award may be reduced by your percentage of liability.

Securing financial compensation from a driver or insurer that refuses to acknowledge responsibility requires a careful examination of both the facts and the law. It’s also important to understand that insurance companies make their profits by minimizing or denying liability, regardless of the needs of injury victims.

At the Law Office of Perry Dean Ellis, we stand up to insurance companies to help injury victims get the compensation they need and deserve. For more on these matters, please see our overview of motor vehicle accidents in Georgia.

We also offer helpful information if you were injured by a driver with not enough insurance or no insurance at all.