How to Dispute a Car Insurance Claim Against You
Legally Reviewed and Edited by: Terry Cochran
Knowing how to dispute a car insurance claim against you is essential if you believe the claim is unjustified. Michigan is a no-fault state, meaning all drivers must file injury claims with their personal injury protection (PIP) insurance companies first. However, an insurance claim may be filed against you if the other driver sustains severe injuries or their property is damaged in an accident.
Knowing what to do in this situation is critical to minimizing financial liability after a crash. An Michigan car accident lawyer from Cochran, Kroll, & Associates, P.C. can help you dispute a third-party claim against you and submit evidence to get you the financial compensation you deserve.
How to Dispute a Car Insurance Claim Against You
If you’re involved in an accident in Michigan, the other driver may file a claim for damages against your auto insurance company. Michigan’s mini-tort law allows drivers to seek compensation for up to $3,000 in vehicle damages. They can also seek unlimited compensation if the crash resulted in death, severe injuries, or permanent disfigurement exceeding the medical benefits coverages in their PIP policy.
If another driver makes a claim against your policy, you have the right to dispute it. Our skilled auto accident lawyers at Cochran, Kroll, & Associates, P.C. can help you dispute a car insurance claim against you. We will assess if the other party’s insurance claim is valid under Michigan law and help you take the following steps to dispute the claim:
1. Contact the Insurer to Dispute the Claim
If you disagree with the insurance company’s finding of fault, your first step to dispute the claim is to contact the insurer as soon as possible. Your attorney at Cochran, Kroll, & Associates, P.C. will communicate with the insurance company and notify them of the dispute by certified letter.
Contacting the insurer may initiate further investigation into the claim, which could result in a reassessment of fault. Even if the insurer maintains that you are liable, officially disputing the claim creates a record of your disagreement. This can be useful when submitting evidence refuting the suit or during litigation if the case goes to court.
2. Follow the Insurance Company’s Dispute Process
In the event of a disputed fault investigation, some insurance companies have internal policies that allow the involved parties to give a statement or present their side of the story to an insurance adjuster.
Understanding how your statements impact the case is important because the insurer may use your words against you. For example, saying “I’m sorry for causing the accident” to express sympathy can be taken as an admission of fault or guilt. The insurance adjuster may also use your words, “I didn’t see the other car coming,” as an admission of negligence that proves you are at fault for the accident.
Your attorney can help you understand the legal process, advise you on what to say, and ensure you don’t make statements that negatively impact your case. Our experienced attorneys at Cochran, Kroll, & Associates, P.C. can protect your rights throughout the claims process.
3. Correct Inaccuracies in the Police Report
Insurance companies use police reports to determine fault in auto accidents. This means that if there are errors or omissions in the report, the insurer may incorrectly find you at fault for the other driver’s injuries.
If you disagree with the police report regarding your car accident, speak with the investigating officer to present your version of events. The officer should have given you their contact information at the time of the accident. You can request an addendum to the report to correct factual errors and explain your version of events.
In Michigan, you or your attorney can get a copy of the crash report within 3 to 30 days of the incident from the Traffic Crash Reporting Unit (TCPS) to review the information. However, you must contact the Law Enforcement Agency that responded to your accident to make any changes.
4. Dispute Tickets You Received
If the insurance company determines fault based on a traffic violation you received during your accident, you can fight the ticket in court. Disputing a traffic ticket demonstrates that you’re serious about protecting your rights and fighting for a fair determination of fault.
Even if you are not ultimately successful in getting the ticket dismissed, contesting it shows that you are willing to take steps to defend your position. For example, if you received a ticket for running a red light but believe you had a green light, you can contest the ticket in court and provide evidence to support your claim.
If you win the traffic ticket dispute, your attorney can submit it as evidence that you are not at fault for the accident. This may result in the claim being dropped or your liability minimized.
5. Submit New Evidence
To dispute a car accident claim against you; your attorney will submit new evidence to support your version of events. At Cochran, Kroll, & Associates, P.C., we will thoroughly investigate the accident to collect evidence that minimizes your liability. This may include:
- Witness statements: Your attorney will gather statements from witnesses who saw the accident. These statements provide valuable insight into what happened and who was at fault. For example, a witness may testify that they saw the other driver run a red light, contesting the claim that says you had run it.
- Police report: Your attorney will obtain the police report from the accident to review the details of the crash, including any citations or tickets issued. If these contain errors or omissions, your attorney will take measures to have these inaccuracies corrected to dispute the claim.
- Accident reconstruction: Your attorney will hire an accident reconstruction expert to recreate the accident and outline the events that led to the crash. If the expert determines the crash happened differently than the claim states, your lawyer can use the evidence to dispute fault.
- Surveillance footage: If available, your attorney may obtain footage from traffic cameras or nearby businesses to help piece together what happened leading up to the accident and show you are not at fault.
- Vehicle damage assessment: Your legal team will examine damage to the vehicles involved to determine how the accident occurred and who was at fault. They will point out any inaccuracies in the claim to dispute its validity.
- Medical records: Your lawyer will review your medical bills and records from the other party in their claim to assess the extent of your injuries and prove that you were not responsible for causing them. For example, if the other party claims they suffered a severe spinal cord injury, but their medical records don’t match the injury, it can help dispute the claim.
- Black box data: If available, your attorney will collect data from the black boxes of the vehicles involved. This will help determine the speed and movements of the vehicles leading up to the accident and provide concrete evidence backing up your dispute.
If Someone Makes a Claim Against Me, Will My Insurance Rate Go Up?
The insurance companies will thoroughly investigate and consider all evidence presented during the dispute process. They will review the police report, witness statements, and other documentation related to the accident.
If the insurance company considers you 50% or more responsible for the accident, your insurer will pay for the damages to the other vehicle and its driver. Because this costs your insurance company money, they will likely increase your insurance premiums. Any traffic violations indicated in the police report, such as tailgating, can also increase your insurance premiums.
Your attorney will review the evidence from the accident to lessen your responsibility for the accident and minimize your liability. They can negotiate with the other party’s insurance company or work to prove that you were not at fault for the accident.
Get Legal Help with Your Auto Accident Dispute
The experienced lawyers at Cochran, Kroll & Associates, P.C. are prepared to assist you if you receive a claim against you. Let our attorneys protect you from unfair financial liability by guiding you on how to dispute a car insurance claim against you.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.
