Common Defenses Used by Insurance Companies in Car Accident Claims

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Insurance companies may use a number of defenses to try to reduce or deny your car accident claim. Here are some common defenses that insurance companies may use:

  1. Comparative and Contributory negligence. Insurance companies may argue that you were partially at fault for the accident and that your damages should be reduced accordingly.
  2. Contribution. Insurance companies may argue that other parties (e.g., a car manufacturer, a road maintenance company) were partially at fault for the accident and that those parties should contribute to the damages.
  3. Pre-existing injuries. Insurance companies may argue that your injuries were pre-existing and were not caused by the accident.
  4. Fraud. Insurance companies may allege that you made false statements or presented false evidence in support of your claim.
  5. Exclusions. Insurance companies may argue that your damages are not covered under the policy (e.g., because they were excluded by the policy language).
  6. Policy not in force. Insurance companies may argue that the policy was not in force at the time of the accident, either because the policy had lapsed or because the policyholder had not made required premium payments.

It’s important to be aware of these defenses and to have strong evidence to support your claim. If you have been involved in a car accident and are seeking compensation, it’s a good idea to speak with an attorney to understand the potential defenses that the insurance company may raise and to develop a strategy for overcoming those defenses.

If you are injured in a car accident in Charlotte, North Carolina, Hickory, North Carolina, Rock Hill, South Carolina, or Fort Mill, South Carolina, don’t hesitate to seek the help of a qualified and experienced car accident lawyer. An auto accident lawyer can help you to understand your rights and options, and can represent you in court to help you get the best possible outcome for your case. Call us 24/7 at (866) BURTS-LAW.