Visitor Question

Insurance company denying liability AND holding their insured at fault?

Submitted By: Scott (Maryland)

I was hit in a case that was clearly not my fault, but the other driver’s insurance company did not accept liability because they claim the evidence was not sufficient. I actually know the other driver, who says his insurance is saying he was at fault.

I am curious, is his insurance company allowed to mark him “at fault” for their insurance purposes, and then not take liability for the accident? Is this something I should report to the insurance board? What can I do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Scott,

Unfortunately, when it comes to insurance companies they can decide when, and if they will accept liability for their insured and pay out on a claim. If you believe your friend was at fault, and his insurance company persists in not accepting liability, you have the right to file a lawsuit.

That may sound like something you don’t want to do, but rest assured, if you do, your friend will simply turn the lawsuit over to his insurance company. His insurance company is then obligated by the insurance contract to provide legal representation for your friend at no cost.

If you file a lawsuit it may result in the insurance company changing their mind and agreeing to settle the claim. Of course, there is no guarantee, but if you are convinced your friend was at fault, and you have property damage or personal injury costs, then you would be right to proceed with a lawsuit.

If your damages amount to $5,000 dollars or less you can file your lawsuit in small claims court. Read these articles about small claims court.

In Maryland, small claims courts are called Maryland District Courts. For a very though discussion of Maryland District Courts procedure see this document.

If you don’t want to file a lawsuit you can file a complaint with the Maryland Insurance Administration. You can do so at the MIA website.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 15, 2017

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