Can an insurance company deny you a claim if the other party is legally guilty?

Question

I got a letter stating from the other insurance company stating I was at fault because I drove around the semi which is far from the truth. This was a rear end collision so by Iowa law, he was at fault and got a ticket. He tried to contest his ticket giving this such reason and lost, even with a defense lawyer. Given the fact that a judge didnt believe him because he wasnt 100% sure if I came around him, can an insurance deny you a claim and say the majority of fault is with me. Well the real reason they denied my claim was because I told them I had a whiplash as a result of the accident and was still seeking treatment. I'm getting a lawyer to resolve this issue, but how can an insurance company determine fault when legally you werent at fault?

The only thing I left out here is I did contact them by email stating my disapproval and the reasons I was hiring a lawyer only because I didnt want them going around telling my chiropactor and my insurance company that this case was over. I just gave him some points to ponder and that he could direct further questions to my lawyer.

Well the case is a failure to stop assured clear distance, which means I was stopped at a stop sign about to make a right turn when he didnt slow down to comply with the stop sign. But also the guy insured with them agreed to pay damages to my vehicle to which he did. Thats the case at hand.

This just in, they magically found new evidence that said his case was upheld by the court. But I'm still seeking legal advice because their offer was bogus.

Answer 1

If the OTHER PERSON'S insurance company says they won't cover the incident, it's normal.

However, they change their tune when you contact YOUR insurance company and they sue their ***! Your insurance will recover the money spent to fix your car and often your DEDUCTIBLE as well.

All this happens behind the scenes though.. you don't have to get involved personally.

At any rate, if you feel there is more to it than what you're saying, there is always http://www.lawyers.com

Good Luck!

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Answer 2

The whole story has still not been told here yet. A rear end accident is as about as straight forward as they come. So if an insurance company is denying this claim it's because they have evidence to the contrary that your are not aware of yet. Perhaps the material damage to your vehicle does not support your version of the facts or it could be there was a witness that came forward. So before you assume they are denying based solely on you presenting an injury claim you should hire that lawyer and have him obtain all the facts. He will only ask for 35 to 40% of your settlement plus all costs (which you pay regardless if the lawyer wins or loses).

Answer 3

NO, the real reason why they denied your claim is because they believe their customer over you. See, they have no obligation to you, but they have every obligation to their customer. Part of that obligation is paying claims their customer owes, and deny claims their customer doesn't owe...they don't pay claims just because the non-customer says too. You have to prove it and the fact a judge didn't believe the guy is not evidence to this. It's word vs. word. Pony up the evidence (physical evidence, a 3rd party witness) and the insurance company will pay you...whether you hire an attorney or not.

But I agree, you are leaving something out....there's a big difference between "going around a semi" and being rear ended.

Answer 4

Hiring a lawyer was the smartest thing you could do at this point. DO NOT settle for what that insurance company is telling you. Explain this to your lawyer and he'll do all of the foot work for you. If he's a good lawyer, you'll come out on top! Good Luck...