Believe it or not, this is a common reason why Texas car accident claims get denied. An insurance company will attempt to alleviate themselves from any liability by blaming the accident on a third party. Sometimes this third party cannot even be identified at all. Having a car accident injury claim denied for this reason is particularly frustrating. If this has happened to you, please contact an San Antonio automobile accident attorney for immediate legal help.
The Third Party Defense
There are two basic scenarios where an insurance company might invoke a third party defense:
- Identified third party: In this type of case, all parties will usually be present at the table. For example, you may be in a situation where you were injured and two other parties are fighting over the blame. It might be agreed upon that you were not to blame, but these two parties are pointing the finger at each other. At least one of them is liable for your injuries, they might even share liability, but your attorney will make sure that your legal rights are protected.
- Unidentified third party: This scenario is more complicated. Every so often, an insurance company will try to blame an unidentified third party for a car accident. How can they do that? Consider this example, on a three lane highway a blue car makes an abrupt lane change and crashes directly into your vehicle. Clearly, you were the victim of the accident. There is nothing you could have done. Then, when you speak to the opposing insurance company, they claim that it was actually the fault of a red car in the far lane. The blue car only crashed into you because that driver was forced to take evasive action. You might be thinking, what red car? You never saw a red car. This is the type of situation that can become extremely complex.
Know the Law: The Role of Evidence
In the scenario described above, the existence of an unidentified red car is very convenient. You never saw the other vehicle. It could be a tactic that the insurance company is using to deny liability. The important thing to remember here is that a car accident claim is a civil case and not a criminal case. The standard in a car accident case is not ‘reasonable doubt.’ Instead, it is a legal concept known as the ‘preponderance of evidence’ standard. Essentially, preponderance of evidence means that the side with the more convincing evidence will prevail in the case. This is why it is so important to get your car accident case in the hands on an attorney as soon as possible. Your attorney can start assembling the evidence to recreate the accident. This will protect you from a convenient defense offered up by the insurance company.
Contact an Experienced San Antonio Car Accident Attorney
Unfortunately, recovering full and fair compensation from an insurance company can sometimes prove to be a challenge. At San Antonio Injury Lawyer, we will work aggressively to keep the insurance company honest. Our San Antonio auto accident legal team has extensive experience handling Texas car accident claims. If you have been injured in an accident, please contact our San Antonio office today to set up a free case evaluation.