In some claims for personal injury in Cedar Rapids IA, the other party -; whether it is the defendant or their insurer -; will say that the law holds you liable for your injuries. However, they are wrong most of the time. Insurance adjusters work for corporate interests; they have a limited understanding of liability law. In this article, you will learn how to respond when confronted with such statements.
Ask them for Proof
If an insurance adjuster or defendant claims that the law is on their side, ask for proof. Request that they send you a copy of the regulation or statute applicable to your situation; if no documentation is provided, tell the party that you cannot consider anything without proof.
When you do receive proof, be sure to read it thoroughly. In many cases, what you receive is a statement of law that applies differently depending on the situation, and does not assign fault. If an insurance adjuster or defendant continues to use an interpretation of law that denies any liability on their part, or refuses to settle, you may have to change negotiation tactics.
Don’t Rely on the Police Report
Using police reports in a personal injury claim can be very helpful, but cannot be used as the deciding factor in assignment of liability. In traffic accidents, insurance adjusters sometimes say that the report does not confirm your version of events. If it is suggested that you have no claim because of information in the police report, respond in one of the following ways:
1. Remind the other party that the report is not admissible as evidence
2. Point out the fact that no citations were issued to you
3. Make a note that the officer did not offer an opinion as to who was responsible
4. Remind the other party that the report is based on speculation and limited information
All of the above are ways to say that the accident report cannot be used as evidence of what happened. Questions as to the validity of a police report may not convince the other party to quit using it as a negotiating tool -; but it will let them know that you know the law. If you are having trouble with the defendant and their insurance company after a Personal Injury in Cedar Rapids IA, visit the website and consult with an attorney in your area today.
