I was in an accident and our car was totaled out but I received a check from my insurance company for the vehicle, does that mean the other party that hit me got deemed as at fault? we are currently going through a lawyer for the physical damages and the other insurance company is denying liability but they paid out the car.
Posted by No-Scholar5495
3 Comments
If your insurance company is the one who has paid you for the car’s value, that’s not necessarily a sign of who’s at fault whatsoever since collision (the coverage that covers damage to your car through your policy for crashes) can pay out no matter who is at fault for the crash. Additionally, even if your insurance carrier has put the other driver at fault, the other driver’s insurance may still put you at fault, particularly if what the other driver says happened is significantly different from what you say happened.
Your insurance can and will pay for your damages, assuming you have collision coverage, regardless of who’s at fault. So, no that doesn’t automatically mean the other party is at fault simply because your insurance paid for your damages to your car.
You pay for collision coverage therefore your insurance company extended that coverage since the accident was a coverable loss. If the other insurance company is denying liability the burden of proof is now on you. If you don’t have any evidence they will likely not change their decision and your claim might go through arbitration if your insurance company thinks they have enough evidence to support the other party being at fault. If your insurance company wins arbitration the other party’s insurance will have to reimburse your insurance company for whatever they paid you regarding your vehicle.