Disputes in a Car Accident Claim Conflict

Car accidents can cause more than damage to metal and rubber. Often there can also be physical injuries, emotional trauma, and financial losses. In some cases, insurance companies can add to the problem, not solve it. If they are more concerned about making money than showing good faith and providing coverage to policyholders, it can lead to a dispute. In that situation, there are several means policyholders can use to seek relief, from demand letters, to complaints, to arbitration, and finally, to a civil suit.

Car Accident Claims and Disputes

The truth is, accident victims can have claim disputes with several parties, because each party and their insurance provider will try to prove the other at fault. If a police report is inconclusive, disputes may arise with three entities:

Their own insurance company for nonexistent or insufficient coverage
The insurance company of the other driver, when they disagree about who is at fault
The other driver, when they are uninsured or underinsured

There are several steps a victim can take in these circumstances:

File a complaint with the Consumer Complaint Department or the state insurance department
If the dispute is about the amount of a claim, get an independent appraiser to provide a written appraisal and submit a copy to the insurance company
Pursue mediation, which is cheaper and more informal than other options, though the judgment is not binding
Pursue arbitration, because while it is more expensive, the judgment is binding
Take the insurance company to court

Filing Claims and Counterclaims

If a victim must go to court, they should be prepared for the insurance company to file a car accident counter claim, asserting that the settlement is in accordance with the written policy.

If there is a dispute with an uninsured or underinsured driver and they file suit, it may be an effective strategy to file a permissive counterclaim. A defendant can file a permissive counterclaim on an entirely different matter, perhaps an amount of money owed from a business transaction. Such a counterclaim may discourage the plaintiff from continuing with their claim or may result in a greater award for the defendant.

Help from a Lawyer

It is best to resolve a dispute before it results in legal action. An auto accident attorney can provide the advice an accident victim needs to be sure they receive the compensation they deserve.

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