Can An Insurance Company Deny My Claim and Say Their Driver was Not Negligent or At Fault ?
We discussed in another chapter that proof of a violation of law, ordinance or code can be presented, and may be considered as some evidence of negligence in a Baltimore personal injury case. However, unless the conduct that constituted the violation was also a negligent act that directly caused the injury, there is no responsibility. But does the opposite apply?
What if a defendant can show that they complied with all legal requirements governing their conduct? Does that insulate them from liability?
This arguments typically comes up in the where an accident occurs and the responding police officer could have issued a citation but does not. The intrepid insurance adjuster may seize on this oversight, to take the position that there is no finding of fault, and deny the claim. Compliance with all applicable law does not bar recovery, if a reasonable person, in the defendant's shoes would have taken additional precautions to avoid harm. Proving negligence can be a heavy burden. If you have been injured due to the negligent conduct of another, you should speak to a seasoned personal injury to understand that nature of any claims you have.
This Article was updated by Eric Kirk on 5/10/19