If the at-fault party refuses to pay for your injuries, it’s not over yet. Here’s what you should know about protecting your legal right to compensation.
Missouri drivers are required to carry auto insurance which helps make sure that in the event you are involved in a collision, you are protected when it comes to medical needs or property damage that results from a car accident.
Because of this, it’s uncommon to sue an at-fault driver for damages, as the courts generally will not allow these cases to proceed if they can be resolved privately through insurance. However, what happens when the at-fault party refuses to pay?
Why Would the Party Responsible Refuse to Pay?
The at-fault driver may contest the fact that they are at fault, and claim the car accident was not caused by them, in which case they legally are not responsible for damages.
Of course, these claims are easily refuted by the evidence of the case, but they can create a back and forth between you and the at-fault party, which delays the claims process.
Another scenario has to do with the insurance company of the at-fault driver refusing to pay. This is a little more complex, since insurance companies are fully aware of local laws, so if they refuse to pay for your damages, it’s likely they are using some technicality or evidence from your case as an advantage.
In any case, it’s not completely uncommon for the at-fault party, whether it’s the driver or the insurance company, to refuse to pay. Still, if this happens to you, you do have legal options.
Going to Court
Missouri’s courts generally won’t accept a car accident trial right from the get-go, but if you first go the insurance route and still can’t come to a conclusion with the at-fault party, then you may have grounds for a trial.
A case where the at-fault party refuses to pay for your injuries is a prime example of when you may need to take your case to court. Here, a judge and jury will hear both sides and rule based on the evidence they both present, and the judge may also decide the amount the at-fault party should pay.
During a trial, it becomes even more important to work with an experienced St. Louis auto accident attorney. Trials are seen as a fair and objective process, but anyone who’s ever been involved in one can tell you it’s not always the case. More often than not, it’s about how compelling an argument you can make, and how much evidence you present to support your claim.
Even if the other side doesn’t have much evidence, they can build an entire case (and win), by simply showing you don’t have enough evidence to show you’re right. An experienced attorney understands the tricks used by the insurance companies and can help you build a strong case.
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If the at-fault party refuses to pay for your injuries, it’s not over yet. Give us a call 24/7 and learn more about protecting your legal right to compensation!
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