Liability must be shown to recover your damages after being hurt in an automobile accident in Alaska. Even while medical payments (MedPay) insurance provides no-fault protection, not everyone has it, and even if they do, their policy pays for a tiny portion of the expenses associated with a significant accident.
In Alaska, numerous ways exist to establish fault in a car collision. The most typical examples include speeding, drunk driving, and distracted driving. Although there are multiple ways to establish liability, there are also numerous potential defenses to liability. Insurance companies make a concerted effort to use every legal tactic to reject the liability claims of accident victims.
Overcome Defenses To Liability After A Car Accident In Alaska
It’s crucial to work with a reputable law firm in Alaska to assist you when dealing with the effects of someone else’s negligence. Before you engage with your insurance provider, if it is still possible, you should hire a lawyer. However, a lawyer can still assist you if you’ve already made a claim and are having trouble getting compensation. You should set up a free appointment as soon as you can.
Below are possible defenses to vehicle accident liability, along with tips on how a lawyer could assist you in obtaining the money you are entitled to:
The Accident Was Your Fault, Not Others
Blaming accident victims for their own injuries is one of insurance companies’ most popular defense strategies. You are not entitled to cash compensation if you caused your accident (although you can still file a MedPay claim, as noted above). However, there will frequently be proof that the other motorist was at fault, and your attorney can gather and present this proof to support your claim for compensation.
You Have A Pre-Existing Condition That Affects You
You are still eligible for compensation for the impact of your vehicle accident, even if you already have a pre-existing ailment. Many insurance providers, however, would make an effort to refuse coverage to accident victims whose records indicate they had pre-existing medical conditions. This is unacceptable, and if you are denied coverage due to a pre-existing condition, your attorney can fight to have you reimbursed for any additional expenses, discomfort, or other damages.
You Didn’t Keep Your Vehicle Adequately Maintained
Insurance firms frequently attempt to blame accident victims and accuse them of making mistakes while operating their automobiles. The insurance firms might contend, for instance, that your tires or brakes were too worn to be secure on the road. However, your attorney might be able to demonstrate that the accident would have happened regardless of your car’s state or that it was reasonably safe.
Someone Else’s Fault caused the Accident
The insurance firms frequently attempt to place responsibility on parties other than the victims. The insurance company for the other driver’s vehicle is not responsible for your injuries if anyone else was at fault in the collision. Your attorney can assess the validity of the insurance companies’ arguments and pursue all potential claims on your behalf.
You Disregarded To Complete Your Medical Care
After an automobile accident, the insurance companies may deny coverage because your medical expenses no longer directly result from the incident if you don’t heed your doctor’s recommendations. While there may be a valid reason to deny some coverage, it is frequently possible to appeal these decisions.
You Failed To Pay The Premiums For Your Insurance
Another possibility is that your claim will be rejected for non-payment of premiums if you are pursuing damages under your insurance policy, for instance, through a UIM claim for an uninsured/underinsured driver). While this may be a legitimate defense in some situations, there are many situations where it is not acceptable to refuse coverage due to non-payment of premiums.
You Failed To Submit Proof Of Your Losses
You must demonstrate the wrongdoing and the damages you are entitled to succeed. It’s possible that you haven’t sufficiently established the scope of your losses if the insurance companies acknowledge liability but refuse to consent to a reasonable settlement. With you and your doctor, your attorney can determine your injuries’ financial and non-financial costs. Then, without needing a trial, they can negotiate to obtain a just settlement.
You Held Off Filing Your Claim For Too Long
After an automobile accident, you have two years under Alaska law to initiate a lawsuit. Furthermore, most insurance policies mandate that claimants submit their paperwork in a “reasonable” time. Your attorney can review the facts of your case and evaluate if you still have grounds to pursue coverage if your claim is rejected because you filed it too late.
Are you looking for help with a car accident claim in Alaska? If so, you want to contact a competent car accident attorney and discuss the claim with them. Your attorney should guide you on the ideal step for a positive outcome.
