A look at options when another driver is at fault in a car crash

On behalf of Aiken and Aiken P.C. Personal Injury Attorneys posted in Car Accidents, on Tuesday, April 21, 2015

Massachusetts drivers may be interested in some information about their legal options when they are involved in a crash that is not their fault. Depending on the actions of their insurance companies, they may need to retain their own legal counsel in order to get compensation. When a driver is involved in a car accident that is not their fault, there may be issues that crop up in dealing with the other driver’s insurance company. In some cases, the police officer who shows up at the scene may not write a report if they believe that the damage is small enough. However, the officer’s assessment of the damage may differ from that of an auto repair shop, so the driver whose vehicle was damaged may wish to get an estimate. When fault isn’t obvious and the other driver is misrepresenting the facts to their insurance company, that insurance company may try to deny coverage of the damage. These situations may require the driver who was not at fault to bring the matter to their own insurance company. Depending on the type of coverage, they may pay for the damage. If not, however, the driver may have to bring their own legal action against the other insurance company. For smaller damage claims, small claims court may be appropriate. A common tactic of insurance companies is to attempt to drag the process out in the hopes that the driver settles or gives up their claim. When this happens or when the damage amount is greater than a small claims court will hear, the driver may need to get the help of an attorney. The attorney may be able to assess the facts of the auto accident and negotiate with both insurance companies, if necessary.