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Shifting Liability In Personal Injury Claims

Dealing with a situation where the liable party in an accident refuses to accept responsibility can be frustrating and challenging. However, it’s important to take appropriate steps to protect your rights and interests.

1. Ensure Safety and Seek Medical Attention: The first priority after an accident should always be the safety and well-being of those involved. Ensure that everyone is safe and, if necessary, seek immediate medical attention for any injuries. Your health is paramount.

2. Gather Evidence: Collect as much evidence as possible at the scene of the accident. This may include photographs of the accident scene, damage to vehicles, road conditions, weather conditions, and any relevant traffic signs or signals. Additionally, gather contact information from witnesses who can testify to what happened.

3. Contact Law Enforcement: If the situation warrants it, contact the police and file an accident report. The police report can serve as a crucial piece of evidence when dealing with insurance companies or pursuing legal action.

4. Exchange Information: Exchange contact and insurance information with the other party involved in the accident. Even if they initially refuse responsibility, it’s essential to have their information for insurance purposes and potential legal actions.

5. Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible, even if you believe the other party is at fault. Your insurance company can guide you through the claims process and investigate the accident further.

6. Document the Incident: Keep a detailed record of all interactions related to the accident. This includes conversations with the other party, their insurance company, witnesses, and any expenses incurred as a result of the accident. These records can be invaluable in building your case.

7. Consult a Lawyer: If the liable party continues to deny responsibility or if you encounter difficulties with their insurance company, it is a wise idea to speak with a lawyer, like a personal injury lawyer from a law firm like Barry P. Goldberg. A lawyer can provide legal advice, negotiate on your behalf, and, if necessary, file a lawsuit to recover damages.

8. Collect Medical Records: If you sustained injuries in the accident, gather all medical records related to your treatment. This includes medical bills, diagnostic reports, treatment plans, and any documentation that shows the extent of your injuries and the costs associated with them.

9. Maintain Patience and Persistence: Dealing with a party that refuses to accept responsibility can be frustrating, but it’s important to remain patient and persistent. Continue to communicate with your insurance company and legal counsel, providing them with any necessary information and updates.

10. Pursue Legal Action: If all else fails and the liable party still won’t accept responsibility, you may need to take the matter to court. Your attorney can guide you through the process of filing a lawsuit to seek compensation for your damages.

Remember that every accident and legal situation is unique, so it’s crucial to consult with an attorney who can provide personalized advice based on the specifics of your case. Taking these steps will help protect your rights and increase the likelihood of obtaining the compensation you deserve, even when the responsible party initially refuses to accept liability. For help, get in touch with your local law office now.