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? As Attorney Eric T. Kirk will tell you.
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.
I extend a legal analysis and strategy session at no cost. Contact me today to arrange this important meeting.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
