In your car accident, the other person ran a red light—you're certain of it. Yet weeks later, their insurance company sends you a letter claiming their policyholder wasn't at fault. You’re still recovering from your injuries, the medical bills are mounting, you've missed work, and now you're left wondering how to prove what you know happened.
At Kirshenbaum & Kirshenbaum Attorneys at Law, we help Rhode Island motorists fight back when an insurance company unfairly denies liability after a car accident. Insurance adjusters often use delay tactics and questionable investigations to avoid paying valid claims. We’ll guide you through the process of building a strong case with undeniable evidence and pursuing the compensation you deserve.
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Why Do Insurance Companies Deny Liability?
It’s the nature of the business: insurers profit by minimizing payouts. When you file a claim after a crash, the other driver's insurance company may:
- Question the accuracy of the police report.
- Claim their policyholder's version of events differs from yours.
- Argue that you contributed to causing the crash.
- Suggest the accident happened differently than you described.
- Point to minor inconsistencies in witness statements.
These tactics aim to reduce their financial responsibility. An insurance claim denial of car accident liability doesn't mean you lack a valid case—it means the insurer is protecting its bottom line. After 90 years of helping the people of Rhode Island with their legal needs, we know exactly how to counter this approach. Here’s our advice to you.
Review the Denial Letter Carefully
It should explain why the insurer rejected your claim. Common reasons include disputed fault, insufficient evidence, or policy coverage issues.
Keep the letter and all related correspondence. Understanding their rationale helps you identify what additional evidence might strengthen your case. If the letter seems vague or doesn't provide clear reasoning, that itself may indicate the insurer is acting in bad faith.
How Can You Build a Stronger Case After the Insurer’s Denial?
An insurance adjuster reviewed whatever information they had and decided to reject your claim. That doesn't mean all the facts came to light during their investigation. Adjusters often conduct minimal reviews, relying heavily on their policyholder's account while dismissing or overlooking details that support your version of events.
Now it's time to fill in the gaps they ignored. Our skilled Rhode Island car accident lawyers will help you uncover and document critical information the insurer either missed or chose to disregard, such as:
- Police report review. You can request a copy of the accident report. If the report contains errors or omits important details, you can submit a supplemental statement with corrected information and additional evidence.
- Surveillance footage. Traffic cameras, business security systems, or dashboard cameras may have captured the accident. This footage often provides objective evidence that contradicts the other driver's story. We’ll send a spoliation letter requesting preservation of the data for evaluation.
- Witness statements. If other people saw the crash, their accounts can corroborate your version of events. Our team will locate and properly interview the witnesses listed in the police report.
If necessary, our motor vehicle legal team will also consult accident reconstruction experts. These specialists analyze physical evidence, vehicle damage, skid marks, and collision dynamics to determine how the crash occurred and who was at fault.
Explore Your Own Insurance Policy Options
You paid premiums for years to protect yourself on the road. Even though another driver caused your crash, your own insurance policy likely contains coverage designed for exactly this situation—when the at-fault party's insurer refuses to accept responsibility.
Many Rhode Island drivers may not realize their policies often include multiple layers of protection that can provide financial relief while the liability dispute continues. These coverage types work independently of the at-fault motorist's insurance company and its denial decision:
- Uninsured/underinsured motorist. This protects you when the other driver lacks adequate insurance or their insurer wrongfully denies liability. This coverage can pay for your medical expenses, lost wages, and other damages.
- Collision. It’s designed to pay for vehicle repairs regardless of who caused the accident. While you'll pay your deductible, you won't have to wait for the liability dispute to resolve before getting your car fixed.
- Medical payments. This coverage pays medical bills promptly, giving you breathing room while you pursue compensation from the at-fault driver.
Using your own coverage doesn't mean you're admitting fault—you can still pursue recovery from the other driver while your policy provides immediate financial relief.
How Our Rhode Island Legal Team Can Help
When you're facing an insurer denying car accident liability, shrewd legal representation levels the playing field. Kirshenbaum & Kirshenbaum Attorneys at Law will:
- Investigate the crash independently and uncover evidence the insurance company ignored or downplayed.
- Handle all communication with the insurance company so they can’t use what you say against your case.
- Calculate the full value of your claim, including future medical treatment, ongoing therapy, and long-term impacts on your earning capacity.
- File an appeal with compelling evidence and legal arguments that challenge the denial.
- Negotiate aggressively for a fair settlement.
- File a lawsuit and represent you in court if the insurer continues to deny your valid claim.
Insurers take claims more seriously when an attorney gets involved. They recognize that your choice of legal recourse means you're prepared to hold them accountable.