Car Accident Liability: Recognition and Consequences

Questioner

Good afternoon, My opponent and I were driving in a large parking lot, not in the parking spaces but in the lanes between the parking spaces. I wanted to turn right, my opponent came from the left and hit my car on the driver's side. On the claim form and in email correspondence to me she acknowledges liability. Can an insurance company then still deny that liability?

Lawyer

In itself, you have nothing to do with a possible rejection of liability coverage by the insurer of the other party. If she has already acknowledged liability, as you claim, then the damage can be recovered from her in any case. It is therefore to be hoped for her that the insurer also finds that she is liable.

Lawyer

An insurer is not bound by the judgment of its insured. So if the other party finds that he is liable, that does not mean that the insurance must pay. The insurance will judge for itself whether or not its insured is liable.

Questioner

So this means that an insurer can possibly deny liability? Suppose the insurer denies liability or admits 50%, what are my next steps?

Lawyer

You can then either enter into a discussion with the insurer or hold the other party directly liable.

Lawyer

Yes, that is possible, but as we explain, that is mainly her problem, because she herself has already acknowledged liability. In short, just submit a claim form and wait. If the insurer denies liability, the damage can be recovered from her.