Q: What is my next step if the other party's insurance companies doesn't accept liability?
I was in an accident on 8/8/2019. I filed a claim to get my vehicle fixed. I received an email from the claims adjuster that says "Thank you Ms. Kerns for the police report and for giving is your statement. Based on statements from both parties, the police report and photos of both cats we want to inform you that we are denying liability." I wasn't hurt in this accident but what is my next step? Could I appeal their decision? If so, how do I do that? Could I sue the other party?
A: If you have collision on the policy, then go through your own and let them hassle it out. You want to get a copy of the police report. If necessary, sue them in court /small claims (depending on damage).
A: I don't practice in South Carolina, so I am not certain as to the options for appeal. But as a general rule in most jurisdictions, a common recourse is generally litigation, as Mr. Munsing points out. Depending on the amount of damage, small claims could be an option. You could arrange a quick consult with a South Carolina attorney to discuss the most cost effective means of pursuing the claim. Some carriers are amenable to arbitration, but that can go carrier by carrier. Not all of them opt for that forum. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.