Car Accident Cases and Insurance Defense Tactics
Insurance companies in California often use various defenses to try and limit or avoid paying out in car accident cases. Some of the most common defenses used by insurance companies include:
- Contributory negligence: Insurance companies may argue that the person was partially responsible for the accident; therefore, compensation should be reduced.
- Statute of limitations: The statute of limitations sets a time limit for filing a personal injury claim, and insurance companies may argue that it was filed after the deadline had expired.
- Pre-existing conditions: Insurance companies may try to argue that any injuries sustained in car accident cases were pre-existing and not caused by the crash.
- Lack of evidence: Insurance companies may claim that there is not enough evidence to support the injured party’s claim, such as a lack of witness statements or medical records.
- Causation: Insurance companies may argue that the injuries were not caused by the accident, but by a different event or condition.
- Fraud: Insurance companies may claim that the person committed fraud by exaggerating their injuries or by providing false information.
It is important to remember that insurance companies are for-profit entities and their primary goal is to minimize the amount of money they pay out on claims. An experienced personal injury attorney can help to gather evidence and build a strong case on behalf of the injured party and can help to counteract the defenses used by insurance companies.
How an Attorney Counters an Insurance Defense in Car Accident Cases
If you have been injured in a car accident in California and the insurance company is using one of the defenses outlined above, an experienced personal injury attorney can help you counter these claims and pursue the compensation you deserve. Some common strategies used by attorneys to counteract insurance defenses include:
- Gathering evidence: An attorney can gather evidence to support your claim, such as eyewitness statements, surveillance camera footage, photographs, medical records and accident reports.
- Hiring experts: An attorney may hire experts such as accident reconstruction specialists, medical professionals or economists to help build car accident cases and counteract the insurance company’s defenses.
- Negotiating with the insurance company: An attorney can negotiate with the insurance company on your behalf to try and reach a fair settlement that covers your damages and expenses.
- Filing a lawsuit: If a settlement cannot be reached, an attorney can file a personal injury lawsuit on your behalf. The lawsuit will provide an opportunity to present your case in court and ask a judge or jury to award you the compensation you deserve.
- Demonstrating causation: An attorney can use medical evidence, witness testimony and other evidence to show that the accident caused your injuries and not a pre-existing condition or some other event.
- Refuting fraud claims: If the insurance company claims that you committed fraud by exaggerating your injuries or providing false information, an attorney can gather evidence to refute these claims and show that your injuries and damages are real.
It is important to remember that insurance companies are often represented by experienced attorneys who are trained to minimize the amount of money they pay out on claims. An experienced personal injury attorney can help to level the playing field and ensure that your rights and interests are protected throughout the process.
California Car Accident Lawyer
I’m Ed Smith, and I’m a California car accident lawyer. It may be possible for you to recover compensation if a negligent driver has injured you. We can help you determine if you are eligible for compensation by providing free and friendly advice at (916) 921-6400. You can also reach us by phone at (800) 404-5400 or through our website by messaging us online.
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