It’s always very frustrating when the other driver involved within your recent car accident is being uncooperative, and this can reveal itself in a variety of ways. One of the main ways that an at-fault driver can refuse to cooperate is when they deliberately don’t reach out to their auto insurance adjuster while you’re attempting to file a claim.
There are always going to be a necessary list of post-accident steps that you’ll need to take in order to put yourself in a better position to establish a legitimate claim and ultimately receive your rightful compensation, but there will undoubtedly be a lot of confusion and delays when an at-fault driver doesn’t cooperate with their own insurance company’s investigation. Even with drones and other technological advancements investigating car accidents, it’s crucial for all Arkansas drivers to remain vigilant while filing convoluted auto claims!
This situation leaves countless drivers in a legal bind, and our past settlements are a testament to just how many individuals we’ve helped throughout the auto accident litigation process. On this page we’re going to discuss your legal options when an at-fault driver (or their insurance provider) aren’t cooperating with your claim, and as always feel free to reach out to us for a free consultation so we can discuss the details of your accident and begin the necessary initial steps towards obtaining your full and rightful compensation.
Every Driver’s “Duty to Cooperate”
All insurance policies obtain a duty to cooperate clause, which essentially states that any individual whose covered by the umbrella of their specific policy must cooperate with the insurance provider’s investigation and overall defense of a claim. When an at-fault driver refuses to cooperate with their own insurance company, they could be eventually denied coverage.
You may be wondering something like: Why am I not being covered when I’m the one actually cooperating? The issue here is that your interests are adverse to the at-fault driver and their insurance company when filing a claim against them.
You have to remember that you’re technically not seeking coverage from the at-fault driver’s insurance provider, which limits their overall responsibilities to supporting your claim in a timely, appropriate fashion.
Understanding Your Position With The At-Fault Driver’s Insurance Company
It’s important to understand that you are alleging that the at-fault driver is liable for your sustained injuries and overall damages when you file a claim within their policy, which typically leads to an insurance provider protecting the legal interests of the ‘covered person’.
You are an outside party when it comes to an at-fault driver’s insurance policy, which ultimately means you’ll be filing a third-party, or liability claim.
What is a Liability/Third-Party Claim?
Filing a liability claim with an at-fault driver’s insurance provider doesn’t mean that this company is necessarily going to protect your interests just because their client has been deemed to be at-fault for the accident’s occurrence.
The at-fault driver’s insurance company will always have a legal duty to protect their client against your claim, and they can do so in a variety of ways, including:
- Investigating your claim;
- Settling with you;
- Or, rejecting the claim and preparing to defend their client in the case that you choose to file a lawsuit.
When it comes down to it, the at-fault driver’s insurance company is primarily going to protect their driver. This of course can lead to a much longer process that leaves you and your sustained damages unrightfully hanging in the balance!
One common situation is an adjuster telling you they can’t properly investigate your claim because the at-fault driver is refusing to cooperate. They’ll say they need the driver to cooperate in order to defend themselves and ultimately handle your claim.
This leaves countless drivers waiting until the at-fault driver chooses to cooperate, which in the meantime can pay a hefty toll on you and your family’s finances.
What Are Your Options?
You’ll have a few options when an at-fault driver and/or their insurance provider is refusing to cooperate with your claim, and one of the first things you should always do in this situation is revert back to your own insurance provider for support.
The following are the options you can fall back on in this situation:
- Uninsured Motorist Coverage: You’ll potentially be able to make a claim via your uninsured motorist coverage, even when the at-fault driver technically does have an insurance plan. When an insurance company has proven to be unwilling to tender the umbrella of their policy’s coverage due to their own driver’s lack of cooperation, you’ll be in an unnecessary waiting position. You shouldn’t have to be kept waiting while the at-fault driver hides from your claim, and uninsured motorist coverage can help get you necessary assistance.
- Collision Coverage: When you have collision coverage, your insurance provider will help you in terms of paying for your necessary car repairs. But it’s important to distinguish that this coverage will only protect your car, and you’ll have to go through uninsured motorist coverage to help support your injuries and other damages.
- File a Lawsuit: When you aren’t able to successfully establish a comprehensive claim within your own insurance policy, filing a lawsuit may be your only option in terms of obtaining your full and rightful compensation for your sustained damages. In this case, you’ll have to sue the other driver (not their insurance provider), which will inevitably lead to the at-fault driver’s insurance company hiring an attorney to defend themselves.
Our legal team is well-known and respected throughout Arkansas’ courts, which plays a significant factor in terms of how far an at-fault driver’s insurance provider will be willing to abuse their policy’s cooperation clause. Insurance providers know who we are and what we’ve accomplished throughout our 20+ years of experience, so you can be rest-assured that your lawsuit and subsequent settlement negotiations are in good hands with us!
Contact Us Today for a Free Consultation
We know how difficult it is to deal with uncooperative drivers and insurance companies, because we’ve been there and we’ve dealt with this situation countless times.
Everyone deserves to have their car accident injuries and subsequent damages thoroughly and promptly addressed, but if you’re running into these unfortunate issues it’ll go a very long way to hire legal representation that rattles insurance providers’ nerves.
Contact us today for a free consultation so we can go over the details of your accident and insurance troubles, and ultimately guide you through the steps towards your full and rightful compensation!
